Incident, Defendant, and Victim Factors Predicting Hate Crime Prosecution

• In Event: Improving the Systems Response to Hate Crimes: Key Considerations among Prosecutors and Community Organizations

Abstract

Hate crimes have been increasing in recent years, yet detection and prosecution remain low. A patchwork of legal protections, varying police and prosecutor practices, and historical mistrust between law enforcement and communities contribute to these trends. Though a handful of empirical studies have focused on hate crime prosecution, limited studies have focused on the factors related to prosecution and disposition of hate crimes specifically. As part of a larger study on hate crimes prosecution nationwide, this study uses case files reviews and administrative data from Cook County, Illinois to examine how incident, defendant, and victim characteristics predict the filing, charging, and disposition of hate crimes. Findings suggest certain factors, such as the type of bias motivation, relationship between victim and offender, whether a weapon was used, and severity of offense, are related to the likelihood of preserving the bias motivation charge. This research aims to better understand how hate crimes move through the criminal legal system, identifying patterns during the prosecution stage that lead to specific case outcomes.

Authors

• Aimee McPhail, CUNY Institute for State and Local Governance

• Neal Palmer, CUNY Institute for State and Local Governance