My general understanding is that hate crime charges in general are rare because proscecutors must prove the assailant's state of mind.
Unless the assailant vocalizes the reason for the attack, or has social media posts it is difficult to establish a hate crime charge. For example, despite clear evidence of probable bias, the following crimes were not charged as hate crimes in my city:
A- Group targets Hispanics for violent street robberies- and eventually home invasion / murder. Victims claim that group was violent- even when they rapidly complied. Victims were beaten to the point of over kill if they did not understand English. Surveillance video shows gang scouting for Hispanic victims, but passing on whites and blacks.
The defense: Hispanics were targeted because they were more likely to carry cash. Non English speakers frustrated gang as they were forced to remain on site longer- thus more violence.
B- Group establishes a "crash pad." Black residents feel intimidated from walking by the house (a stuffed monkey is hung in a tree, certain rap music is played loud- only when black pedestrians pass). Black tow truck operator repossesses a resident's car and is shot to death. Shooter was reported to fly into a rage after he learned the driver was black.
The defense: My client did not hang the monkey in the tree as it was there before he moved in and does not personally play rap music for any reason. He was enraged because a particular car was being towed- not by who was towing it.
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