OO 11-10 Hate Crimes

Question 1

The purpose of this order is to outline procedures for recognizing, responding to, and reporting criminal incidents motivated by hatred or prejudice based on race, religion, sexual orientation, ethnicity or national origin, directed against identifiable ______ or _______.

Answer 1

individuals or groups

Question 2

The Jacksonville Sheriff’s Office shall act to endeavor to ensure that all people within the City of Jacksonville are free from violence, threat, intimidation, or property damage due to ____ views based in whole or in part on race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.

Answer 2

bias

Question 3

The Jacksonville Sheriff’s Office shall take an active role in promoting _____ and ______ between all groups within its jurisdiction.

Answer 3

peace and tranquility

Question 4

It is the policy of the Jacksonville Sheriff’s Office to respond promptly in cases of suspected bias, complete a full ________, and vigorously enforce all applicable laws. The Sheriff’s Office’s show of concern sends a message to the community, the victim, and the perpetrator.

Answer 4

investigation

Question 5

A ______ ______ is an act or a threatened or attempted act by any person or group of persons against the person or property of another individual or group which in any way constitutes an expression of hostility toward the victim because of race, religion, sexual orientation, national origin or ethnicity.

Answer 5

bias-related incident

Question 6

Bias-related incidents include, but is not limited to:

Answer 6

• threatening phone calls
• hate mail
• physical assaults
• vandalism
• cross burnings
• destruction of religious symbols and
• firebombings.

Question 7

In the event an officer responds to the scene of an actual or suspected incident of a ____ , ______ or _____ nature, the officer shall notify their supervisor of the details surrounding the event.

Answer 7

racial, religious, or ethnic

Question 8

The key criterion in determining whether these incidents fit into the definition of an incident of R.R.E. bias is the ______ behind the act.

Answer 8

motivation

Question 9

R.R.E.

Answer 9

racial, religious, and ethnic

Question 10

Examples of criminal acts that are directed at any racial, religious or ethnic group include:

Answer 10

1. Burning a cross or other religious symbol Florida State Statute (F.S.S.) 876.11, 876.18, 876.21);
2. Any violation involving explosives perpetrated against a person or group of persons because of their R.R.E. origin (F.S.S. 552.22);
3. Any violation involving firebombs perpetrated against a person, group of persons, or property because of R.R.E. origin (F.S.S. 806.111);
4. Any violation involving bomb threats perpetrated against a person or group of persons because of their R.R.E. origin (F.S.S. 790.162);
5. The willful and malicious injuring or damaging of the property of another person or group directed against the person or group because of their R.R.E. origin (F.S.S. 806.13);
6. Any verbal threat, assault, and/or battery which is directed against a person or persons because of their R.R.E. origin (F.S.S. 784);
7. Any breach of peace or disorderly conduct which is directed against a person or persons because of their R.R.E. origin (F.S.S. 877.03);
8. Any violation of a Florida Statute as it relates to firearms (F.S.S. 790); which is directed against a person or persons because of their R.R.E. origin;
9. All common law offenses as they would pertain to acts of R.R.E. intimidation, hatred, etc. (F.S.S. 876.19, 876.20); and
10. All non-criminal acts directed at any R.R.E. group (or individuals within these groups) committed with the apparent intention to:

a. Harass;
b. Intimidate;
c. Threaten;
d. Retaliate; or
e. Create R.R.E. conflict.

Question 11

In determining whether or not an alleged incident of an R.R.E. motivated act has occurred and actually verified as such, the following criteria should be applied, either singularly or in combination. This verification will be done by the area ______ or _______ at the time the incident occurred.

Answer 11

sergeant or supervisor

Question 12

The responding sergeant or supervisor shall notify an investigator from the ________ Unit who will respond to verify the incident and begin an investigation.

Answer 12

Intelligence

Question 13

The responding sergeant or supervisor shall notify an investigator from the Intelligence Unit who will respond to verify the incident and begin an investigation. The judgement of the investigator may also be applied in the final determination as the criteria listed below are not all inclusive. These criteria are the:

Answer 13

1. Motive;
2. Lack of any other apparent motive for the R.R.E. act;
3. Display of any R.R.E. offensive symbol(s), word(s), or act(s);
4. Common sense review of the circumstances surrounding the entire incident itself;
5. Affect on the victim(s);
6. Prior history of similar incidents in the same area or against the same victim group;
7. Statement(s) of suspect(s)/victim(s); or
8. Violations related to F.S.S. as enumerated in Article II, Section B, 1-9 above.

Question 14

In applying the above criteria to determine whether or not a reported case can actually be verified, it may be helpful to consider the following questions. As with the application of criteria, the following list is not all inclusive:

Answer 14

1. Is the victim of one R.R.E. group while the suspect is of another?
2. Did the incident occur solely because of R.R.E. differences between persons/ groups or for other reasons?
3. Is this victim the only member of a differing R.R.E. group in the neighborhood or one of a few?
4. Did the victim recently move into the neighborhood?
5. When multiple incidents occur at the same time, are all the victims of one R.R.E. group?
6. Has the victim been associated with any recent or past R.R.E. activities related to their faith or in protesting discrimination (i.e., demonstrations against groups such as National Association for the Advancement of Colored People (N.A.A.C.P.), Ku Klux Klan (K.K.K.), American Nazi Party, Skin Heads, etc.)?
7. Has there been previous and/or recent news coverage of events of a similar nature?
8. What is the manner and/or means of attack (i.e., color of paint used, correctness of word spelling, symbols, signs, or words used, etc.)? Is it similar to other documented incidents?
9. Has the victim suffered similar attacks in the past?
10. Is there a coincidence of the act to holidays (i.e., Halloween - trick or treat, etc.) or to school activities (i.e., traditional school rivalry, etc.)?
11. Is there an ongoing neighborhood problem which may have sparked or contributed to the event (i.e., retribution for neighbor conflicts, area juveniles, etc.)?
12. If an organized dissident group is indicated in the incident:
    a. Is literature (if present) printed or handwritten?
    b. Does the name (if applicable) indicate a “copycat” syndrome?
    c. Is there any documented or suspected dissident group activity in the area? and
    d. Was this group indicated in a true sense or as a scare tactic by other unrelated group(s)?
13. Can a motivation be determined?
14. Were the true (documentable) intentions of the responsible party R.R.E. oriented or were there other reasons for the acts such as childish pranks or other unrelated vandalism?

Question 15

The proper investigation of R.R.E. incidents is the responsibility of all officers of the Jacksonville Sheriff’s Office. The initial investigation of R.R.E. incidents will be conducted by personnel in the Patrol Division as they respond to the call for police service. Total investigative responsibility of a verified R.R.E. incident will be that of the _______ Unit.

Answer 15

Intelligence

Question 16

When a Patrol Officer on the scene determines that an incident is of R.R.E. bias (by applying the established criteria), the officer will notify their supervisor who will ____________.

Answer 16

respond to the scene

Question 17

The responding supervisor will notify the:

Answer 17

1. Watch Commander of the incident, who will respond depending on the seriousness of the situation; and
2. On-call Intelligence Unit detective who will respond to conduct a thorough investigation of the incident.

Question 18

In addition to the aforementioned procedures Patrol Officers shall:

Answer 18

1. Respond in a sensitive way to the feelings and needs of the victim(s);
2. Maintain a non-critical and non-judgmental attitude;
3. Immediately take all investigative and enforcement action;
4. Preserve the crime scene and any evidence;
5. Request a Crime Scene Evidence Technician to process the scene (i.e., cross burnings, painted areas, drawings, handwritten remarks, etc.);
6. Initiate a General Offense/ Incident Report;
7. Permit victims to express their feelings (A hate crime is a degrading experience that strips victims of their dignity; the incident could be one of the worst experiences of their lives);
8. Be supportive throughout the process to avoid double victimization; make it known that the investigation is a priority and important to the Sheriff’s Office;
9. Assist investigators from the Intelligence Unit as needed;
10. Provide the victim with information about available civil remedies and provide the phone numbers of the victim/ witness coordinator and the local Human Relations Commission or other appropriate community groups; and
11. Canvass the neighborhood and seek information about the incident (unless confidentiality or investigative concerns would be jeopardized).

Question 19

The following specifications (3) will be used in determining the classification of reported R.R.E. incidents:

Answer 19

1. VERIFIED
2. UNVERIFIED
3. UNFOUNDED

Question 20

VERIFIED - To be verified as an R.R.E., an incident must meet either or both of the following conditions:

Answer 20

a. It must be motivated or apparently motivated by racial, religious, and/or ethnic prejudice; and
b. The incident is perceived by the victim as being motivated by R.R.E. prejudice.

Question 21

________- The classification of _______ will be used for those incidents in which evidence is conflicting, incomplete, inconclusive, or otherwise insufficient to classify as verified or unfounded.

Answer 21

UNVERIFIED

Question 22

________ - A reported R.R.E. incident shall be classified as ________ if the evidence definitely indicates that it is not R.R.E. incident or if the incident never occurred (i.e., false report).

Answer 22

UNFOUNDED

Question 23

Final verification of an R.R.E. incident will be the responsibility of the ________ Unit detective investigating the incident. The investigating detective shall apply the above listed classifications when determining the final case status.

Answer 23

Intelligence

Question 24

The Intelligence Unit detective assigned the case will assume the responsibility of reporting the “____ _____” to the Florida Department of Law Enforcement as required by State Statute.

Answer 24

Hate Crime