Understanding Hate Crime Prosecution: Case Studies from Florida Jurisdictions

• In Event: Contemporary Issues in Prosecution: Hate Crime, Violence, and Conviction Integrity

Abstract

Most hate crimes are not reported and prosecuted. While some studies rely on administrative data and others solely on surveys, we adopt a mixed-method design employing qualitative interviews with elected District Attorneys and administrative case processing data. Using recent data from large Florida prosecutorial offices, we examined the extent to which DAs’ views about hate crime case processing are reflected in their own administrative data. Specifically, we explore the process of flagging hate crimes at the case screening stage, underlying charges, evidence used in these cases, and the role hate crime enhancements plays in plea negotiations. We find that nearly all hate crimes processed by prosecutors are identified at the case screening stage and that the hate crime enhancement is rarely used as a plea-bargaining chip. The most common underlying charges include assault and battery, often aggravated. Prosecutors' views only partially reflected what was revealed in the administrative data. These findings are discussed in terms of their implications for hate crime detection and prosecution policies and practices.

Authors

• Rachel Silverthorn, Florida International University

• Besiki Luka Kutateladze, Florida International University