259 lines
13 KiB
Plaintext
259 lines
13 KiB
Plaintext
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HATE VIOLENCE IN THE UNITED STATES
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By
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Floyd I. Clarke
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Deputy Director
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Federal Bureau of Investigation
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On October 8, 1988, members of the Confederate Hammerskins
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(CHS) vandalized a Jewish community center, the Temple Shalom
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Synagogue, and an Islamic mosque in Dallas, Texas. These
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Skinheads broke windows, shot into walls, and spray painted
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racist graffiti on the buildings. Crime scene evidence,
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collected by the Dallas Police Department, established Daniel
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Wood as a suspect. After being arrested and convicted in State
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court, Wood asked to speak with Federal authorities concerning
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CHS activities. A joint FBI/Dallas Police Department
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investigation was initiated in an attempt to corroborate Wood's
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information.
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As a result of his information, more than 25 former CHS
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members and 15 active CHS members were identified and
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interviewed, and over 75 subpoenas were served. On September
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28, 1989, a Federal grand jury indicted Daniel Wood, Sean
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Tarrant, Michael Lawrence, Jon Jordan, and Christopher Greer on
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two counts of violating Title 18 of the U.S. Code, Section 241,
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Conspiracy to Violate Civil Rights. Twelve other former and
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active CHS members pleaded guilty to misdemeanor charges
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involving civil rights violations and agreed to testify as
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Government witnesses.
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The trial began on February 20, 1990, and by March 1, 1990,
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Wood, Tarrant, Lawrence, Jordan, and Greer were found guilty.
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In addition, 12 other CHS members were convicted of various acts
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of racial violence.
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RISE IN HATE VIOLENCE
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Unfortunately, this case is not an isolated incident. With
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the renewed increase in hate violence activities by white
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supremacist groups, racial tensions have escalated across the
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country. Such groups use the latest in today's technology, such
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as cable television and computer bulletin boards, to spread
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their message of hate to anyone who will listen. And, just as
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these organized terrorist groups practice hate violence daily,
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individuals or small groups have also contributed to the
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increase in these types of crimes. Even so, hate crimes have
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been largely ignored, and oftentimes, repressed by those who
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would rather not open their eyes to the danger that these crimes
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present.
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Hate violence should be recognized as a nationwide problem
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that must be confronted. According to Attorney General Dick
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Thornburgh, "Violent interference with freedoms guaranteed by
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the Constitution will continue to be a Federal law enforcement
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priority. Acts of racial and religious hate...are simply
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intolerable in a free society. Let the word go out that the
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federal government intends to bring to bear the full force of
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the law on every such act that comes to its attention." (1)
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Even though hate violence crimes often fall under Federal
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jurisdiction, their successful prosecution is becoming
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increasingly dependent on close cooperation with State and local
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law enforcement. Therefore, law enforcement agencies nationwide
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must renew their commitment to eradicate both domestic terrorist
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groups and malicious individuals who violate the civil rights of
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others. This article focuses on the FBI's activities and
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responsibilities with regard to the investigation of hate
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violence crimes.
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COMBATING HATE VIOLENCE
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Currently, the FBI is the lead Federal agency responsible
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for investigating incidents of racial and/or ethnic violence.
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Reported cases of racially motivated violence receive top
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priority attention in the FBI's Civil Rights Program. This has
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been true since the 1960s, when the FBI actively investigated the
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Ku Klux Klan. Today, with the recent prosecutions of white
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supremacist organizations, such as the Aryan Nations, the White
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Patriots Party, and the Skinheads, as well as individuals
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involved in civil rights violations, the FBI continues its
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tradition of stopping hate violence.
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By law, the FBI is mandated to combat hate violence, to
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prevent such incidents (if and when possible), and to react
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swiftly when an incident does occur. In this regard, the FBI
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confronts hate violence in two distinct criminal investigative
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programs--domestic counterterrorism and civil rights. Domestic
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counterterrorism cases focus on investigations of organized
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groups that employ hate violence. Civil rights investigations
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of hate violence, on the other hand, focus on individuals or
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small, unorganized groups.
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Domestic Counterterrorism Investigations
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Hate violence investigations under the Domestic
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Counterterrorism Program concentrate on the unlawful use of
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force or violence by terrorist groups for political or social
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ends. These groups include such organizations as The Order,
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Aryan Nations, the White Patriots Party, and the racist
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Skinheads, to name a few. Most notably, these white supremacist
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groups target blacks, Orientals, Mexicans, Jews, and various
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other ethnic and racial groups. Once reliable information has
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been gathered that gives evidence to their criminal activities,
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the FBI can legally investigate violent groups such as these to
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determine their structure, scope, and membership. This
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intelligence information, in many cases, helps to prevent a
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tragedy before it occurs.
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In order to anticipate terrorist attacks by these groups,
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the FBI makes full use of its undercover Agents and informants
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and uses court-authorized electronic surveillance. These
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tactics have proven successful on several occasions, most
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notably during an incident at the U.S. Penitentiary at
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Leavenworth, Kansas.
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Case Study
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In December 1988, U.S. Bureau of Prisons (BOP) officials at
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the U.S. Penitentiary in Leavenworth received information
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indicating that three inmates were planning an escape for early
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January 1989. All three were members of the white
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supremacist/terrorist organization, The Order, a violent
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splinter group of the white supremacist organization, Aryan
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Nations, and all were in prison on charges stemming from their
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relationship with the white supremacist movement. According to
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the plan, weapons were going to be smuggled in through a
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contact in the prison laundry room and hidden there until the
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escape took place. The three inmates, Bruce Carroll Pierce,
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Richard Scutari, and Randall Evans, were then planning to shoot
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their way out at a time when the prison yard would be crowded
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with inmates. Fortunately, their escape plan was discovered by
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a former FBI source who was an inmate at the prison. FBI Agents
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in Kansas City discussed the planned escape with BOP officials
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at Leavenworth, and the three inmates were transferred to the
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U.S. prison at Marion, Illinois, thus avoiding a possibly
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violent domestic terrorist situation.
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Rise of the Skinheads
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However, despite efforts to counter the threat from groups
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such as The Order, right-wing terrorism has increased since the
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mid-1980s, especially in the recruitment of racist Skinheads.
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Originally, the Skinheads arose in England during the 1970s
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to protest poverty and unemployment. However, out of this
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relatively benign group developed a separate group consisting of
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both white supremacist and nonracist Skinheads, who began to
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appear in the United States in the early 1980s. The Skinheads
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movement has evolved into such a persistent threat that the
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Department of Justice's Civil Rights Division has formed a
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special task force to confront the problem.
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Currently, there are more than 3,000 violence-prone
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Skinheads in the United States. This figure represents a
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three-fold increase in the number of Skinheads since 1987. (2)
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These Skinheads are known for attacking minorities, homosexuals,
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and anyone who opposes them by using such items as steel-toed
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boots, knives, and baseball bats. In fact, one Skinhead
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described his gang as "a subculture army....Instead of verbally
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assaulting people, we physically assault them....We've all had
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our part in bashing people. We'll assault anybody." (3) In
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addition, these Skinheads are being openly recruited by other
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white supremacist organizations, such as the Aryan Nations and
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the White Aryan Resistance.
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Investigating these violent, white supremacist groups can
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be very arduous. These terrorists organize themselves into
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tightly knit brotherhoods that are extremely difficult to
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penetrate. As a result, information can be difficult to obtain.
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Despite these difficulties, great progress has been made in
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dissolving white supremacist groups. The Department of Justice
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and the FBI are constantly working with local and State law
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enforcement organizations to collect evidence and to prosecute
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these groups. Many groups, however, still rally, recruit, and
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spread their messages of racial hatred.
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The Civil Rights Program
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Unlike the Domestic Counterterrorism Program, which focuses
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on organized groups, the FBI investigates hate violence
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committed by individuals or small, unorganized groups under its
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Civil Rights Program. Examples include racially and/or
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ethnically motivated acts of violence resulting in violations of
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such Federal laws as the Civil Rights Act of 1964, the
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Discrimination in Housing Act, the Equal Credit Opportunity Act,
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the Federal Revenue Sharing Act, and the Civil Rights of the
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Institutionalized Persons Act. The FBI's ultimate goal is to
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reduce civil rights violations and to ensure that the rights of
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U.S. citizens and inhabitants are protected.
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This task is accomplished by responding to the thousands of
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criminal civil rights complaints received each year. Each
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legitimate complaint is then thoroughly investigated by the FBI
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and a report is forwarded to the Civil Rights Division (CRD) at
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the Department of Justice. It is the CRD that has prosecutive
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authority for all Federal civil rights statutes because of the
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sensitive nature of the constitutional issues involved and the
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need for uniform application of Federal law in this area.
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Case Study
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When a black couple moved into a predominantly white,
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working class neighborhood of Baltimore, Maryland, they were
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subjected to a series of acts of vandalism directed against
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their residence. Rocks, bricks, and bottles were thrown at the
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windows, causing extensive damage. The couple was also subject
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to racial taunting, slurs and threats. When the Baltimore
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Police Department received information that a plan had been
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made by several conspirators to fire-bomb the couple's home, the
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police department requested assistance from the FBI in its
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investigation.
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Using information obtained from consensually monitored
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conversations between a cooperating witness and several of the
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conspirators, the FBI and the police department built a case
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against two individuals responsible for these hate crimes. Gary
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Merryman and Joseph Chilcote were charged with Conspiracy to
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Violate Civil Rights (Title 18, U.S. Code, Section 241) and
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Interference with Housing Rights (Title 42, U.S. Code, Section
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3631). The two individuals were convicted and sent to prison
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for their crimes in March 1989.
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CONCLUSION
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Racism, bias, bigotry, and violence are on the upswing. In
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view of the ever-increasing threat of hate violence perpetrated
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by both white supremacist groups and racist individuals, law
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enforcement agencies across the country must work together to
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combat these crimes. In the words of Dr. Benjamin Hooks,
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Executive Director of the NAACP, "Now is the time to turn to one
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another, not to turn on one another."
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All in law enforcement--including Federal, State and local
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authorities--must combine their efforts to remove the blight of
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racial violence and discrimination. Law enforcement must also
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work more closely with the public to discourage racial hatred
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and bigotry wherever it is found. It is the duty and
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responsibility of everyone in law enforcement to ensure that all
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Americans, regardless of race or ethnic origin, can live in
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freedom, with dignity.
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FOOTNOTES
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(1) See Department of Justice Press Release dated March 1,
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1990, regarding the convictions of the five CHS members involved
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in the Dallas, Texas, case.
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(2) "Hate Violence and White Supremacy," The Klanwatch
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Project of the Southern Poverty Law Center, December 1989, p. 17.
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(3) Ibid, p. 1.
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