Understanding and Prosecuting Federal Hate Crimes

This program will provide an introduction on federal hate crimes. This course will start with a discussion that helps viewers first understand what is or is not a hate crime and the difference between hate crimes and hate speech. We will then discuss how and why the federal government has the authority to prosecute hate crimes.  The course will then discuss the basic elements of a hate crime, focusing on bias motivation. The program will next discuss the elements of each of the four hate crime statutes: (1) 18 U.S.C. 245; (2) 42 U.S.C. 3631; (3) 18 U.S.C. 247 (the Church Arson Act); and (4) 18 U.S.C. 249 (the Shepard-Byrd Hate Crimes Prevention Act). This program will benefit criminal law attorneys, civil rights attorney, and any attorneys working with victims of hate crimes or bias-motivated crimes.  

Learning Objectives: 

2. Identify the constitutional and statutory authority for federal hate crimes

3. Review bias motivation in the context of hate crimes

4. Examine and identify the difference between hate speech and hate crimes

5. Apply the elements of hate crimes statutes, especially the Shepard-Byrd Hate Crimes Prevention Act