The Role of Evidence in Hate Crime Prosecution

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

Abstract

While most prosecutorial decisions—from filing to charging—are largely driven by evidence, few studies examine how specific evidentiary factors influence case processing outcomes. Evidence concerning bias motivation remains difficult to gather due to additional investigative and prosecutorial resources required. As such, research on this important topic is also limited. Drawing on recent data from (a) hate crime case file reviews from five large jurisdictions, and (b) interviews with 75 district and state attorneys, this study examines evidentiary challenges in hate crime prosecution. Findings indicate that while prosecutors heavily rely on testimonial and surveillance evidence, efforts to capture bias motivation through social media and emerging technologies remain limited. The data further suggest that, in the absence of clear evidence of bias and a strong institutional commitment to detecting hate crimes, many cases are prosecuted based solely on underlying charges without applying the hate crime enhancer. Moreover, prosecutorial offices lack effective mechanisms for identifying hate crimes that were not initially flagged by law enforcement or case screeners at prosecutorial offices, although some promising practices are emerging. The study examines implications for prosecutorial policy and practice aimed at enhancing hate crime detection, ensuring accurate classification, and improving the disposition of cases as hate crimes.

Authors

• Selasi Kuwornu, Florida International University

• Besiki Kutateladze, Florida International University