Thread by @VOCInsider

The Atlanta shooter still hasn't been charged with hate crimes for the murders of six Asian women.

Federal and state hate crime charges are possible, experts say. But it’s complicated.
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At both the state and federal level, hate crime charges are extremely rare and difficult to prosecute. Most hateful incidents don’t meet legal hate crime standards.
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From March to December 2020, Stop AAPI Hate received more than 3,700 first-hand accounts of anti-Asian hate in 47 states and DC. But here’s why you’re only hearing about such incidents now.

https://twitter.com/thisisinsider/status/1372634191838416896

The majority of hateful incidents are verbal assaults, Asian American Federation Deputy Director Joo Han said, adding that law enforcement says they’re hard to prove.

Han said police have also been slow to respond to physical assaults.

There are two kinds of hate crime charges: federal and state. Federal hate crime laws allow the Justice Department to prosecute crimes committed because of the victim's actual or perceived race.
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Federal prosecutions typically take a while to kick off. The US Attorney General must usually approve the prosecution in writing, which can take years.

The White House plans to implement “policy actions” to better address hate crimes. businessinsider.com/merrick-garlan…

Georgia, where last week's shooting took place, passed a hate crime statute just last year after three white men killed Ahmaud Arbery.

The DOJ has not charged Arbery’s killers with hate crimes. insider.com/ahmaud-arbery-…

Georgia’s statute covers the same protected classes as federal hate crime law, such as race and gender. But prosecutors must prove that a perpetrator intentionally selected victims based on their protected class. That requires thorough investigation. insider.com/anti-asian-att…

Experts have no doubt that the Atlanta killings were racially motivated. They said the shootings tie into America's history of violence against Asian women.

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Experts said that even if investigators can't prove a racial motive, a different motive — the killer’s claim of eliminating temptation and sex addiction — could qualify the shootings for hate crime charges based on sex and gender. insider.com/people-questio…

One expert said that hate crimes have long-lasting effects that go beyond sentencing: Systemic neglect of hate crimes contributes to a vicious cycle of underreporting.

President Biden called on Congress to pass the COVID-19 Hate Crimes Act last week after meeting with Asian American leaders in Georgia. businessinsider.com/biden-condemns…