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This manual does not attempt to resolve this debate. It is also by no means meant to be an exhaustive representation of the problem or its solutions. This manual was compiled as an analysis of existing research on hate crimes. It provides information, ideas and resources for an in­ depth study of bias crimes and incidents in America. Indication is made throughout the manual where reproductions of, or excerpts from other published materials is presented. Any further reproductions should be made
only with the permission of the originating sources noted in the resource section of this manual. The ICRC disclaims any and all responsibility or liability which may be asserted or claimed arising from or claimed to have arisen from reliance upon the procedures and information presented in this manual.

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ICRC: Hate Crimes Resource Manual - Indiana

In California and throughout the Southwest, long­ existing antagonisms against Hispanics have been aggravated by the furor over immigration. With job opportunities declining at a time of defense cutbacks and economic recession, there have been
renewed calls for restrictions against legal immigration and harsh measures against undocumented immigrants. In November, 6999, 59% of California voters approved a statewide referendum proposal, Proposition 687, which declares undocumented
immigrants ineligible for most public services, including public education and non­ emergency health care.

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There are many normal physical and emotional reactions after surviving a crime. Emotional reactions include denial ­ pretending that the crime never happened, anger, loneliness, fear, anxiety, nightmares, flashbacks, depression and problems with concentration. Physical problems include headaches, stomachaches, difficulty sleeping, change in appetite, sexual difficulties and a general lack of energy. Remember that no one has the right to batter, abuse or assault you. You are not responsible for the violence committed by others.

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In its current form, the statute leaves federal prosecutors powerless to intervene in bias­ motivated crimes when they cannot establish the victim's involvement in a federally­ protected activity. Nor can federal authorities step in to act in cases involving death or serious bodily injury based on sexual orientation, gender, or disability­ based bias when local law enforcement is not available. While states continue to play the primary role in the prosecution of bias­ motivated violence, the federal government must have jurisdiction to address those limited cases in which local authorities are either unable or unwilling to investigate and prosecute.

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7 "6996­ 6997 Report on Hate Crimes & Discrimination Against Arab­ Americans,"American­ Arab Anti­ Discrimination
Committee, pp. 88­ 89. For additional information, please refer to American­ Arab Anti­ Discrimination
Committee contact information provided in the resource section of this manual. 65.

Throughout this century, the media has typically portrayed Arabs as one of the 8 B's billionaires, bombers or belly dancers. The "typical" Arab male is portrayed as a terrorist or an oil sheikh bent on violence, greed and abuse. Another popular image is that of the Arab woman as oppressed, veiled and submissive or, to the other extreme, as a loose belly dancer.

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The militia's movement's future is an open question. American society has changed in the past generation and right­ wing extremist politics has had to change with it. Open expression of bigotry is frowned upon. Former United Klans of America Imperial Wizard Robert Shelton summed it up best in a recent interview: " Times are changing. Society's changing. You can't have parades with Klansmen in robes anymore. You can't have Klansmen riding horses through the streets anymore. The public won't go along with it… "

Pierce's formation of the " Church" appears to have been a last­ ditch effort to avoid paying taxes. Pierce had tried, years earlier, to acquire tax­ exempt status for the National Alliance itself by claiming that his organization was " educational." But the Internal Revenue Service denied the application in 6978. While Pierce appealed, the U. S. Court of Appeals upheld the IRS's decision in 6988, ruling that the National Alliance did not qualify as an educational organization. (The court's position was supported by amicus curiae briefs filed by ADL, the American Jewish Congress and the NAACP.) The court noted that Pierce's organization " repetitively appeals for
action, including violence" to injure members of " named racial, religious, or ethnic groups," and added that National Alliance published materials that " cannot reasonably be considered intellectual exposition."

Almost all of the states with hate crime legislation have adopted penalty enhancement provisions. 66 Penalty enhancement provisions serve to increase the penalty associated with a criminal or civil violation if it is determined that group bias was a motivating factor. In a landmark decision, the United States Supreme Court upheld Wisconsin's penalty enhancement provisions, stating that the First and Fourteenth Amendments did not prohibit penalty enhancement provisions. The Court stated, " the Wisconsin statute singles out for enhancement bias inspired conduct because this conduct is thought to inflict greater individual and societal harm." 67 The Court noted, " the State's desire to redress these perceived harms provides an adequate explanation for its penalty enhancement provision over and above mere disagreement with offenders' beliefs or biases." 68

More than 555,555 women are each year in America. Many others suffer
intimidation, injury and death at the hands of men. Under federal law, the brutalizing of women
is not considered a hate crime. A growing number of human rights organizations believe gender
should be included in bias crime laws. There is no question that stereotypes, slurs, jokes and
ongoing discrimination create an atmosphere in which women are made objects and targets.

Here are several examples of hate crimes against Hispanics over the years:
In the summer of 6995, Allen Adams and Tad Page were sentenced to 88 and 75 months, respectively, for their roles in the ethnically motivated shooting of four Latinos in Livermore, Maine. Three of the shooting victims were migrant laborers
working in an egg farm, while the fourth was visiting his ailing mother, a migrant worker. The incident began at a store, where the victims were trying to make a purchase. Adams and Page, who were also at the store, taunted the victims with
ethnic epithets, telling them: "Go back to Mexico or [we'll] send you there in a body bag." After the victims drove away from the store, Adams and Page chased them by car, firing 66 rounds from a nine­ millimeter handgun at the victims'
automobile. One victim was shot in the arm, while another bullet hit the driver's headrest, just a few centimeters from the driver.

If you do not pay your tax through withholding, or do not pay enough tax that way, you might have to pay estimated tax. People who are in business for themselves generally will have to pay their tax this way. You may have to pay estimated tax if you receive income such as dividends, interest, capital gains, rent, and royalties. Estimated tax is used to pay not only income tax, but self-employment tax and alternative minimum tax as well.

The Hate Crimes Sentencing Enhancement Act Originally introduced as separate legislation by Rep. Charles Schumer (D­ NY) and Sen. Dianne Feinstein (D­ CA), this measure was enacted into law as Section 785558 of the Violent Crime Control and Law Enforcement Act of 6999. The provision directed the United States Sentencing Commission to provide a sentencing enhancement of " not less than 8 offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes." The provision defined a hate crime as " a crime in which the defendant intentionally selects a victim, or in the case of a property crime, intentionally selects the property, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." This measure, the Federal counterpart for state hate crime penalty­ enhancement statutes, applies, inter alia, to attacks and vandalism which occur in national parks and on other Federal property.

Some people oppose protection of gays and lesbians in civil rights legislation and refuse
to join tolerance coalitions if gays are included. Like other victims of hate crimes, gays and
lesbians are the target of jokes, harassment and physical harm because of who they are.
Demonizing them, as a handful of vocal, conservative church leaders do, creates a field of bias
in which more harmful attacks are inevitable.

" In the African American community, the church historically has been a primary community institution. It was the only institution that was permitted during the years of slavery. It was the institution that enabled people to read. It has been the institution that formed the backbone for a tremendous amount of political activism. Critical events of the civil rights movement, such as the Montgomery bus boycott, had their genesis in the church. Many leaders within the African American community grew up in the church or remain ministers of the church." 66

Hate [extremist] groups recruit white males, women and children who have failed to realize their American dream. Oklahoma City demonstrated that men thought to be patriotic can be sucked into conspiracy theories and murder. The fear, outrage and powerlessness felt by people being tossed about by world economics are real. The answer is not to label them as
"kooks" or isolate them and their fears. Potential recruits, whether laid­ off auto workers, skinheads, "Trenchcoat Mafia" members or Midwestern farmers, need to hear progressive voices and be recruited into community­ wide and national efforts. They need to feel connected to society and to find outlets for their frustration with weapons other than guns and violence.

We are a country whose citizens are more united than divided ­ so concludes the
President's Initiative on Race. But the cold statistics of the census remind us that the American
dream is not equally shared. By virtually every indicator of success, people of color are at the
bottom. Thirty percent of African Americans and Hispanics live in poverty, compared to 67
percent for whites. For blacks, unemployment is twice as high, and pay is half as much. Infant
mortality for black babies is more than double that of whites. Despite gains by the civil rights
and women's movements, minorities consistently report discrimination in "most domains of life."

When a white power rock concert was announced in Traverse City, Michigan, a group of
citizens created "Hate­ Free TC" and sought help from the Center for New Community. In a day­ long
seminar, human rights experts educated local people about neo­ Nazi skinheads, their
racist music and their connection to an international movement that includes Nazis, white
supremacists and the Christian Identity church. They later held an alternative rock concert, and
the publicity forced cancellation of the white power gathering.

The problem of anti­ Arab discrimination is compounded by the rampant stereotypes of Arabs in the U. S. media. Negative images of Arabs and, by association, Arab Americans, are pervasive in broadcast and print outlets which capitalize on the
tired cliches of Arabs as ruthless terrorists oil­ rich "sheikhs," desert Bedouins, greasy merchants, and so forth. At the same time, there is almost a total absence of positive images of Arabs as loving parents, competent professionals, or conscientious citizens. Arabs are typically portrayed as a threat or an object of mockery, while the Arab world is
presented without complexity or subtlety. There has been no "Dances with Wolves" for the Arab world. No "Fiddler on the Roof" for traditional Arab village life. No "Cry Freedom" for the Intifada.