In 2001, Texas enacted the James Byrd Jr. Hate Crimes Act in honor of a black man who was killed by white supremacists in 1998. This law lets prosecutors pursue sentencing enhancement when they prosecute cases that allege that the perpetrator of a crime committed that crime intentionally and out of a bias towards the victim’s perceived gender, ethnicity, sexual preference, disability, or religion. The law is intended to discourage hate crimes, but some say that the passage of the law has not resulted in many hate crime convictions despite the fact that many cases get reported as possible hate crimes.

Between 2010 and 2015, nine hundred and eighty-one cases were reported to police throughout the state of Texas as potential hate crimes. Only eight of those cases were successfully prosecuted as hate crimes. There are a few possible explanations for why the number of hate crime prosecutions is so low in comparison to the number of incidents that get reported as possible hate crimes. There are cases in which a crime is alleged, but there is insufficient evidence for any conviction, let alone an enhanced sentence based on the perpetrator’s intent. There are also cases in which the underlying crime is successfully prosecuted, but the sentencing enhancement is not successful because of a lack of evidence regarding the perpetrator’s intent. Sometimes, an incident gets reported as a possible hate crime and prosecutors choose not to allege a hate crime and thereby forego pursuing the sentencing enhancement. Sometimes, the problem is that an incident gets reported, such as vandalism, and no suspect is ever apprehended.

All of the reasons why many more possible hate crimes get reported than are successfully prosecuted reveals that the hate crime legislation may not be accomplishing its intended purpose of deterring hate crimes. The process for pursuing sentencing enhancement for possible hate crimes is simple and straightforward. When police officers file a crime report, they can check a box to indicate whether it is possible that the crime was motivated by bias. When the case gets referred to prosecutors, the prosecutors must first decide if a crime occurred. If a crime did occur, the prosecutors must then determine whether to attach a hate crime enhancement.

Unfortunately, the simplicity of the process for pursuing sentencing enhancement does not make obtaining sentencing enhancement any easier. Motivation is very tough to prove. Most crimes require only proof that the defendant was acting knowingly, recklessly, intentionally, or in a criminally negligent manner. Proving that the crime was motivated by hate requires evidence of motivation, which can be difficult to obtain. In the cases where hate crimes have been prosecuted successfully, circumstantial evidence often provides the necessary support for a conclusion that the crime was motivated by hate.

Texas Criminal Defense Attorney Alex Tyra – Defending the Accused in Texas

If you are charged with a crime, a Texas criminal defense attorney can help you know what your options are and decide what to do next. If you got arrested in Texas and you have a criminal law question, call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our convenient online contact form.