Survey of Prosecutorial Response to Bias-Motivated Crime in the United States, 1994-1995

This national survey of prosecutors was undertaken to systematically gather information about the handling of bias or hate crime prosecutions in the United States. The goal was to use this information to identify needs and to enhance the ability of prosecutors to respond effectively to hate crimes by promoting effective practices. The survey aimed to address the following research questions: (1) What was the present level of bias crime prosecution in the United States? (2) What training had been provided to prosecutors to assist them in prosecuting hate- and bias-motivated crimes and what additional training would be beneficial? (3) What types of bias offenses were prosecuted in 1994-1995? (4) How were bias crime cases assigned and to what extent were bias crime cases given priority? and (5) What factors or issues inhibited a prosecutor's ability to prosecute bias crimes? In 1995, a national mail survey was sent to a stratified sample of prosecutor offices in three phases to solicit information about prosecutors' experiences with hate crimes. Questions were asked about size of jurisdiction, number of full-time staff, number of prosecutors and investigators assigned to bias crimes, and number of bias cases prosecuted. Additional questions measured training for bias-motivated crimes, such as whether staff received specialized training, whether there existed a written policy on bias crimes, how well prosecutors knew the bias statute, and whether there was a handbook on bias crime. Information elicited on case processing included the frequency with which certain criminal acts were charged and sentenced as bias crimes, the existence of a special bias unit, case tracking systems, preparation of witnesses, jury selection, and case disposition. Other topics specifically covered bias related to racial or ethnic differences, religious differences, sexual orientation, and violence against women.