Dear practitioners,

The following serves as a brief introduction to hate crimes laws and what we should do if we believe such incidents occur. It is not meant to give legal advice.

A. Definitions

Hate crime (also called bias crime) is a criminal offense committed against a person or property, which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, ethnicity/national origin, or sexual orientation.á (FBI Uniform Crime Reporting Definition). See Helpful Links below for several federal statutes on this.

  1. Bias is defined as a preformed negative opinion or attitude toward a group of persons based on their race, religion, disability, sexual orientation or ethnicity/national origin. Bias crimes committed to our practitioners are most likely classified as crimes committed based on religious bias - one of the established categories.
  2. Crimes include murder and non-negligent manslaughter; forcible rape; aggravated assault; simple assault; intimidation; arson; destruction, damage or vandalism of property.

B. Government organizations involved
  1. The Crime Statistics Act 1990 requires the Justice Department to collect data about hate crimes. Such responsibility was delegated to the FBI. Justice Department has the responsibility to open an investigation and if crimes found, to prosecute the perpetrator.
  2. Most states also have similar bias crime statutes. Local police investigate and State Prosecutor Office prosecutes the case.
  3. While it is the government responsibility through Justice Department and State Prosecutor's Office to prosecute the case, a number of bar associations and civil rights groups have actively participated in the legal proceedings representing the victims, usually through pro bono programs (free to the victims). Public defenders will be appointed by the court to represent the defendants who can also retain and pay for attorneys of their own choice.

C. Objective evidence that a crime was motivated by bias

FBI and local police will look for the following evidence for a crime committed in order to establish it is committed based on bias against Falun Gong:

  1. Offender is not practitioner and victim is identified as our practitioner (such as wearing our T shirts).
  2. Bias-related oral comments, written statements or gestures made by offender indicating his bias.
  3. Bias related drawing, markings, symbols or graffiti left at the crime scene.
  4. Several incidents occurring in the same locality around the same time and victims were all practitioners.
  5. A substantial portion of the local community where the crime occurred perceived that the incident was motivated by bias.
  6. The victim was engaged in Dafa related activities, parades, hong Fa and etc.
  7. The incident coincides with a date of particular significance such as May 13 and July 20.
  8. The offender was previously involved in a similar hate crime or is a hate group member.
  9. There were indications that a hate group was involved, e.g., a hate group claimed responsibility for the crime or was active in the neighborhood.
  10. A historically established animosity existed between the victims and the offender's group.
  11. The victim, not a Falun Gong practitioner, was advocating or supporting us.

D. What we should do if we think a hate crime incident happens?

Act quickly. Each incident must be dealt with when it happens, not when convenient.

If you believe you have been the victim of a hate crime, you should:

  1. Report the crime to your local police station immediately. Ask that the incident be treated as a hate crime. Take down the name and phone number of the police officer for follow up.á
  2. Report the crime to the local FBI field offices. Ask the incident be treated as a hate crime. Take down contact information of the FBI agent for follow-up.
  3. Document the incident. Write down time and date, location, name of witness (if any) of the incident. Write down exactly what was said and/or done by the offender. Save evidence. Take photographs.
  4. Inform us even if you believe it is a "small" incident. You can send us information online at flgjustice.org, under Report Hate Crimes link on the homepage.
  5. Contact local bar associations and/or local civil rights groups such as local American Civil Liberty Union offices. Tell them that a hate crime was committed and reported to the police and FBI. Ask for help.
  6. Mobilize local community support. Consider issuing a statement from community leaders, holding a news conference, organizing a protest, meeting with local officials, or starting a letter writing campaign.
  7. Contact State and US senators and congressmen representing the districts where our practitioners reside regarding the incident.
  8. Announce results. When the incident is resolved, make an announcement to the same people and organizations originally contacted.

Helpful links
  1. To find a list of federal hate crimes statutes http://www.fbi.gov/hq/cid/civilrights/statutes.htm
  2. To find whether your state has hate crimes statutes. http://www.adl.org/99hatecrime/provisions.html#al (see table on the web page)
  3. To find FBI fields offices http://www.fbi.gov/contact/fo/fo.htm (scroll to the bottom of the web page to find two important links)
  4. To find contact information for local bar associations http://www.romingerlegal.com/natbar.htm
  5. To find American Civil Liberty Union local offices http://www.aclu.org/community/community.html

Category: Journeys of Cultivation