Prometheus 6

Why the Feds Won't Prosecute West Virginia Torture Case as a Hate Crime
By Earl Ofari Hutchinson, AlterNet
Posted on September 14, 2007, Printed on September 15, 2007 

The Williams case is a near textbook example of how prosecutors deal with crimes, even possibly racially motivated crimes. They may be horrific, but they are seen as common crimes and are treated as such. Few state prosecutor will chance inflaming racial passions and hatreds by slapping a hate crime tag on a case.

There's also the belief that hate crimes are mostly a thing of the past. When they do occur, they are isolated acts committed by a handful of quacks, and unreconstructed bigots, and that state authorities vigorously report and prosecute the perpetrators of these crimes.

When Congress passed the Hate Crimes Statistics Act of 1990, it compelled the FBI to collect figures on hate violence. However, it did not compel police agencies to report them. Record keeping on hate crimes is still left up to the discretion of local police chiefs and city officials. Many police departments still refuse to report hate crimes, or to label crimes in which gays, and minorities are targeted because of race or sexual preference as hate crimes. Still other police departments don't bother compiling them because they regard hate crimes as a politically loaded minefield that can tarnish their image and create even more racial friction. The official indifference by many police agencies to hate crimes prevents federal officials, even if they wanted to more aggressively enforce civil rights laws, from accurately gauging the magnitude of civil rights violence.

The picture of how much hate violence there actually is in the country and even what constitutes hate violence is even more blurred by confusion and uncertainty over what makes a crime a hate crime. Simply pillorying someone with racial epithets while committing a physical assault may not pass the legal muster of what is a hate crime. The crucial element is whether the racial epithets shouted out were incidental to the attack or were they the precipitating factor in the attack? It's the finest of fine legal hair splitting. But ultimately that's what prosecutors rightly or wrong look at in deciding whether they have any chance to get convictions in crimes where race is involved.