Hate Crimes

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 5-3
Reevaluation Date
2011
No. of Pages
4
Subject
HATE CRIMES
Special Instructions:
Replaces current policy Section IV, Chapter IX, undated

  1. PURPOSE

    The purpose of this policy is to assist officers in identifying hate crimes and to define appropriate steps for assisting victims and apprehending suspects.

  2. POLICY

    It is the policy of this law enforcement agency to safeguard the state and federal rights of all individuals despite their race, religion, color, disability, sexual orientation, national origin, or ancestry. This agency will view seriously any acts or threats of violence, property damage, harassment, intimidation, or other crimes designed to infringe upon these rights. These acts will be given a high priority. This agency will work to identify the perpetrators and arrest them, and will take vigorous enforcement action.

  3. DEFINITIONS
  4. Hate Crime:
    Any crime committed under WI. State Statutes Chapters 939-948 with the intention to frighten, harm, injure, intimidate, or harass an individual in whole or in part because of a bias motivation against the actual or perceived race, religion, color, disability, sexual orientation, national origin, or ancestry.

    Race:
    A group of persons who possess common physical characteristics, such as color of skin, eyes, hair, and/or facial features genetically transmitted by descent and heredity that distinguish them as a distinct division of humankind; for example, Asian, black, white, or Hispanic

    National Origin/Ancestry:
    Persons of the same race or national origin, such as Arabs or Hispanics, who share common or similar traits of language, custom, and tradition

    Religion:
    Any person who shares the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, such as Catholics, Jews, Protestants, or Atheists

    Sexual Orientation:
    A sexual attraction toward, and responsiveness to, members of one’s own sex, or members of the opposite sex, such as gays, lesbians, or heterosexuals

  5. PROCEDURES

    1. Initial Response

      1. When an officer at the scene of an incident believes that race, religion, color, disability, sexual orientation, national origin, or ancestry may have been a factor, the officer will take any preliminary actions necessary, such as the following:
        1. Determining the presence of perpetrators and taking appropriate enforcement measures.
        2. Restoring order to the crime scene and taking any necessary actions to gain control of the situation.
        3. Identifying any injured parties and taking steps to provide medical assistance.
        4. Identifying any witnesses or others who have knowledge of the crime.
        5. Protecting the crime scene.


      3. In determining whether to investigate an offense as a hate crime, we must determine if the suspect intentionally selected the person or property because of the victim’s race, religion, color, disability, sexual orientation, national origin, or ancestry. The officer may determine such intent directly or indirectly from all the facts in evidence concerning this offense. The mere fact that race, color, religion, ancestry, national origin, disability, gender, or sexual orientation exists in the situation does not infer that the incident was a hate crime. As an example, just because the offender was of a different race or religion than the victim, and an epithet was uttered during the offense, does not necessarily mean a hate crime occurred. If the crime was one of opportunity, or would have probably occurred no matter what race or religion the victim was, it is not a hate crime. If the facts are ambiguous or doubtful, do not report the incident as bias motivated.

      4. If the officer determines that the incident was a hate crime, he or she will show this on the face of the case report. The officer will show such by using the words “Hate Crime” after the offense title.

      5. Identify the specific reasons for the hate crime classification in the narrative portion of the report.

      6. The officer will notify a supervisor and may notify the Forensics Unit or detectives to assist in the investigation, if warranted.

    3. Investigator’s Responsibilities

      Investigative personnel assigned to a hate crime incident will be responsible for the following and assume control of the follow-up investigation.

      1. Secure proper protection of the scene. Ensure the preservation and processing of all physical evidence of the incident, and its removal when possible. If unable to physically remove evidence of an inflammatory nature (e.g., painted words or signs on a wall), contact the owner of the property to remove such material as soon as possible. The investigator will follow up to ensure that this is accomplished in a suitable time.

      2. Conduct comprehensive interviews with all victims and witnesses at the scene, or when possible after that. Canvass the neighborhood for additional personal sources of information.

      3. Notify appropriate personnel (chain of command) depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community.

      4. Coordinate the investigation with department, state, and regional intelligence. These sources will give the investigative officer an analysis of any patterns, organized groups, and suspects potentially involved in the offense.

      5. Convey the department’s official position on the importance of these cases and the measures the department will take to apprehend the perpetrators. Express the officers’ and the department’s interest in the victims’ well-being.

      6. Ensure the documentation of all relevant facts in a case report. Decide whether the incident should remain classified as a hate crime.

      7. Investigative officers will also take the lead role in providing ongoing assistance to the crime victim by:
        1. Contacting the victim periodically to decide whether he or she is receiving adequate and appropriate assistance.
        2. Providing ongoing information to the victim about the status of the criminal investigation.


      9. When findings of prejudice develop in a previously reported non-hate crime incident, investigators must update the report to a hate crime. When a previously reported hate crime incident is later found non-prejudicial, investigators must also update that report to reflect no occurrence of a hate crime.



    5. Community Relations/Crime Prevention

      1. The community views hate crimes not only as crimes against the targeted victim, but also as crimes against the victim’s race, religion, color, disability, sexual orientation, national origin, or ancestry. After such incidents, working constructively with members of those groups and the community at large is essential to help reduce fears, stem possible retaliation, and prevent additional hate crime incidents. It is also essential to encourage any other previously victimized individuals to step forward and report those crimes.

      2. Officers assigned may:
        1. Meet with neighborhood groups, residents in target communities, and other identified groups to allay residents’ fears. Officers may relay this department’s concern over the incident and those of a similar nature to reduce the potential for counter-violence. The officer may provide safety, security, and crime prevention information.
        2. Provide assistance, direct and referred, to the victim and his/her family.
        3. Conduct public meetings on hate crime threats and violence in general, and they relate to specific incidents.
        4. Establish a liaison with formal organizations and leaders.


    7. Wisconsin Statutes

      1. Wisconsin State Statutes list hate crimes under 939.645 – Penalty, crimes committed against certain people or property.

      2. Wisconsin State Statute 943.012 can also be used for criminal damage to or graffiti on religious and other property.






This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.