FBI Law Enforcement Bulletin - Mar03leb

8/9/2019 FBI Law Enforcement Bulletin - Mar03leb

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ISSN 0014-5688 USPS 383-310

Features

Departments

9Bulletin ReportsWeb-Based ResourcesLaw Enforcement

The Seven-Stage Hate Model By John R. Schafer, M.A.

and Joe Navarro, M.A.

A Study on CyberstalkingBy Robert DOvidio, M.S.

and James Doyle

Best Practices of a Hate/BiasCrime Investigation

By Walter Bouman

Obtaining Written

Consent to SearchBy Jayme Walker

Holcomb, J.D.

1

March 2003Volume 72Number 3

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC 20535-0001

Robert S. Mueller IIIDirector

Contributors' opinions and statementsshould not be considered an

endorsement by the FBI for any policy,program, or service.

The attorney general has determinedthat the publication of this periodical is

necessary in the transaction of thepublic business required by law. Use

of funds for printing this periodical hasbeen approved by the director of theOffice of Management and Budget.

The FBI Law Enforcement Bulletin

(ISSN-0014-5688) is publishedmonthly by the Federal Bureau ofInvestigation, 935 PennsylvaniaAvenue, N.W., Washington, D.C.

20535-0001. Periodicals postage paidat Washington, D.C., and additionalmailing offices. Postmaster: Send

address changes to Editor, FBI LawEnforcement Bulletin, FBI Academy,

Madison Building, Room 209,Quantico, VA 22135.

Editor

John E. Ott

Associate Editors

Cynthia L. Lewis

David W. MacWha

Bunny S. Morris

Art Director

Denise Bennett Smith

Assistant Art Director

Stephanie L. Lowe

Staff Assistant

Linda W. Szumilo

This publication is produced bymembers of the Law Enforcement

Communication Unit,Training Division.

Internet Address

[email protected]

Send article submissions to Editor,FBI Law Enforcement Bulletin, FBI

Academy, Madison Building, Room209, Quantico, VA 22135.

To successfully investigate cyberstalkingcases, law enforcement mustunderstand how offenders use theInternet to stalk victims.

Investigators must understand the hateprocess to deal successfully with hategroups.

21Rendering hate/bias crimes the specialattention they deserve will help lawenforcement agencies treat victims,relate to communities, and prosecuteoffenders.

10

26Courts analyze a number of significantissues regarding written consentsearches.

18Police PracticeRecruitment Strategies


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March 2003 / 1

he manifestations of hateare legion, but the hate pro-cess itself remains elusive.

TLimited research in this field pre-cluded the development of a comprehensive hate model. Under-standing hate groups is essential forthe development and implementa-tion of successful intervention strat-egies, which depend on an under-standing of the hate process. The

proposed hate model consists ofseven stages, including how hategroups define themselves, how hate

groups target their victims and tauntthem with verbal insults and offen-sive gestures, and how hate groupsattack their victims with or withoutweapons.1

DEFINITION OF HATE

Hate, a complex subject, di-vides into two general categories:rational and irrational. Unjust actsinspire rational hate. Hatred of a

person based on race, religion,sexual orientation, ethnicity, or na-tional origin constitutes irrationalhate.

Both rational and irrational hatemask personal insecurities. Every-one experiences personal insecuri-ties in varying degrees throughouttheir lives. The more insecure a per-

son feels, the larger the hate mask.Most people concentrate on the im-portant issues in life, such as earn-ing a living, rearing a family, andachieving personal goals. These

pursuits give meaning and value tolife.2 Nonetheless, irrational hate

bleeds through day-to-day activitiesin the form of racial barbs and eth-nic humor. Not all insecure peopleare haters, but all haters are insecure

people.With respect to rational hate,

haters do not focus as much on thewrong done to them or others, but,rather, on their own helplessness,guilt, or inability to effect change.The object of rational hate often isdespised or pitied.3 In the same way,

irrational hate elevates the haterabove the hated.4 Many insecurepeople feel a sense of self-worth byrelegating a person or group of

people to a lower status.5

The Seven-Stage Hate ModelThe Psychopathology of Hate GroupsBy JOHN R. SCHAFER, M.A., and JOE NAVARRO, M.A.


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2 / FBI Law Enforcement Bulletin

Special Agent Navarro serves inthe FBIs Tampa, Florida, officeand also is a member of the FBIsNational Security DivisionsBehavioral Analysis Program.

Special Agent Schafer isassigned to the FBIs Lancaster,California, resident office andalso serves as a member of theFBIs National Security Divisions

Behavioral Analysis Program.

SKINHEAD GROUPS

During a 7-year FBI investiga-tion of skinhead groups in South-ern California between 1992 and1999, specific patterns emerged.Skinhead groups typically consistof uneducated, young, white males

between the ages of 13 and 24 whohave no long-term prospects forsuccess. Although many come from

single-parent, dysfunctional fami-lies, some exceptions exist. For ex-ample, members of the WesternHammerskins in Hemet, California,had high school educations andcame from two-parent, middle-classfamilies. Further examination re-vealed that both parents made long,daily commutes to work in Los An-geles and left their teenage childrenunsupervised. The lack of parentalsupervision and guidance spawned

personal insecurities similar tothose found in skinheads who comefrom dysfunctional, single-parentenvironments.

Fortunately, most skinheadgroups are not well organized and

lack the leadership structure foundin the majority of street gangs en-gaged in for-profit criminal ac-tivities. However, the WesternHammerskins group has a strongerleadership hierarchy than mostskinhead groups, and it boasts avery active recruitment program.Potential members receive a re-cruitment package, which includes

a swastika armband, a T-shirt withwhite supremacist slogans, whitesupremacist literature and bandstickers, and other supremacistmaterials. Recruiters also pass out

business cards embossed with theWestern Hammerskins logo andthe recruiters name and telephonenumber. The groups highereducational level may explain thesophistication of its recruitmenttechniques.

Skinhead groups subdivide intotwo categories: criminally moti-vated and hate motivated. Crimi-nally motivated skinhead groupsspend most of their time engaged infor-profit criminal activities, such

as drug sales and burglaries. Inci-dental to their criminal activity,they commit hate crimes. The SanFernando Valley Peckerwoods

(SVP) in California was a crimi-nally motivated skinhead group.SVP members primarily sold meth-amphetamines and committed resi-dential burglaries. Periodically,SVP members attacked minoritieswith weapons and, on one occasion,

placed packages resembling bombsnear an apartment complex whereAfrican-Americans lived. Membersintended for the fake bombsto frighten current residents to

relocate and to discourage otherAfrican-American families frommoving into the complex.

Conversely, hate-motivatedskinhead groups dedicate the ma-

jority of their time to hate crimes.6

Incidental to hate crimes, thesehard-core skinheads commit pettythefts or sell small amounts of nar-cotics to support daily needs, suchas food, cigarettes, and alcohol andother drugs. The Nazi Low Riders(NLR) skinhead group located in

Lancaster, California, exemplifies ahate-motivated skinhead group. Atone time, NLR members spent theirtime prowling the streets ofLancaster looking for minorities toattack. The NLR matured to the

point where their members rou-tinely beat and stabbed minorities,and, in one instance, murdered anAfrican-American.

Haters cannot stop hating with-out exposing their personal insecu-rities. For example, at the onset ofthe FBI investigation, FBI authori-ties told hard-core members of the

NLR that they would arrest them iftheir hate violence continued; yet,the hate violence persisted. The FBI


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similarly warned the members ofthe SVP who, however, stopped orwere more surreptitious concerningcriminal activities, and their hate

violence ceased. The reaction of theSVP members comported with gen-eral criminal deterrence literature.7

The reaction of the NLR membersdid not, however, because hate, notcriminal acts, was their primarymotive.

Interviews of both criminallymotivated and hate-motivatedskinheads may explain this phe-nomenon. Criminally motivatedskinheads identified themselves as

criminals first and haters second.They also expressed a degree ofpersonal security in their status ascriminals. The criminally motivatedskinheads possess a certain sense ofself-worth; hence, they have fewerinsecurities. However, this was notthe case with hate-motivatedskinheads. The explanation by one15-year-old NLR member typifiedthe thought process of hate-moti-vated skinheads. He said, in effect,I dropped out of school in the

eighth grade, but I stopped learningmidway through the sixth grade. Icovered my body with hate tattoos. Icouldnt get a good job if I wantedto. No one would hire me. Once, Itried to get a job at a fast food res-taurant, but the manager refused tohire me because the restaurantserved multiracial customers. If Iquit being a skinhead, I have noth-ing. I am nothing. I have no choice

but to be a skinhead. I expect to diea young, violent death.

Skinheads converge, get drunk,take drugs, and, at some point,spontaneously seek out hate targetsto attack. They conduct little, ifany, planning before committing

hate crimes. One hate-motivatedskinhead put it best when he stated,We dont look for trouble butsomehow trouble always finds us,

and were ready to deal with it whenit comes.

THE HATE MODEL

Several academic authorities onhate crimes in America identifiedthree types of bias crime offenders:the thrill seeker, the reactive of-fender, and the hard-core offender.8

They described the reactive of-fender as one who grounds his at-tack on a perceived transgression,

fact that they acted as the instiga-tors. Secondary justification is dif-ficult to detect because skinheadscan interpret a simple glance as ag-

gressive behavior.Secondary justification also ex-

ists on a larger scale. When a com-munity reacts to a hate crime,skinheads perceive that reaction asaggressive, which reinforces the no-tion that skinheads must defendthemselves against a common en-emy. Secondary justification placesthe skinheads in a victim status andrationalizes continued violence. Tofurther illustrate this principle, a

skinhead, with a swastika tattooedon his cheek, walked into a jewelrystore to buy a ring for his girlfriend.The skinhead became incensedwhen the Jewish clerk treated him

poorly. The skinhead later com-mented that if Jews treated him withmore respect he would not hatethem so much. The skinhead clearlysaw himself as a victim, although heopenly displayed a provocativesymbol of hate on his face.

Empirical observations show

that hate groups go through sevenstages in the hate process. Haters, ifunimpeded, pass through theseseven successive stages withoutskipping a stage. In the first fourstages, haters vocalize their beliefs.In the last three stages, haters act ontheir beliefs. A transition period ex-ists between vocalization and actingout. In this transition period, vio-lence separates hard-core hatersfrom rhetorical haters.

Stage 1: The Haters Gather

Irrational haters seldom hatealone.10 They feel compelled, al-most driven, to entreat others tohate as they do. Peer validation

such as an insult, interracial dating,

or a neighborhood integration.9The authors model incorporatesthe thrill seeker and the hard-coreoffender, but redefines the conceptof the reactive offender. This phe-nomenon can be described as sec-ondary justification; skinheads rou-tinely use this technique to instigateattacks. For example, a group ofskinheads encounter a mixed-racecouple and shout racial slurs. If thecouple reacts in a manner other thana submissive one, the skinheads

perceive that behavior as an act ofaggression. The skinheads later tellthe police they merely defendedthemselves against aggressors. Theskinheads, of course, leave out the

Skinhead groupssubdivide into

two categories....


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Empiricalobservations showthat hate groups go

through sevenstages in the hate

process.

bolsters a sense of self-worth and,at the same time, prevents intro-spection, which reveals personal in-securities.11 Further, individuals

otherwise ineffective become em- powered when they join groups,which also provide anonymity anddiminished accountability.

Stage 2: The HateGroup Defines Itself

Hate groups form identitiesthrough symbols, rituals, and my-thologies, which enhance the mem-

bers status and, at the same time,degrade the object of their hate. Forexample, skinhead groups mayadopt the swastika, the iron cross,the Confederate flag, and other su-

premacist symbols. Group-specificsymbols or clothing often differen-tiate hate groups. Group rituals,such as hand signals and secretgreetings, further fortify members.Hate groups, especially skinheadgroups, usually incorporate someform of self-sacrifice, which allowshaters to willingly jeopardize theirwell-being for the greater good of

the cause. Giving ones life to acause provides the ultimate sense ofvalue and worth to life.12 Skinheadsoften see themselves as soldiers in arace war.

Stage 3: The Hate GroupDisparages the Target

Hate is the glue that binds hat-ers to one another and to a commoncause.13 By verbally debasing theobject of their hate, haters enhancetheir self-image, as well as theirgroup status. In skinhead groups,racist song lyrics and hate literature

provide an environment whereinhate flourishes. In fact, researchershave found that the life span of

aggressive impulses increases withideation.14 In other words, the moreoften a person thinks about aggres-sion, the greater the chance for ag-

gressive behavior to occur. Thus,after constant verbal denigration,haters progress to the next more ac-rimonious stage.

Stage 4: The Hate Group Tauntsthe Target

Hate, by its nature, changes in-crementally. Time cools the fire ofhate, thus forcing the hater to lookinward. To avoid introspection, hat-ers use ever-increasing degrees ofrhetoric and violence to maintainhigh levels of agitation. Taunts and

Stage 5: The Hate GroupAttacks the Target WithoutWeapons

This stage is critical because it

differentiates vocally abusive hat-ers from physically abusive ones. Inthis stage, hate groups become moreaggressive, prowling their turf seek-ing vulnerable targets. Violencecoalesces hate groups and furtherisolates them from mainstream so-ciety. Skinheads, almost withoutexception, attack in groups and tar-get single victims. Research hasshown that bias crimes are twice aslikely to cause injury and four times

as likely to result in hospitalizationas compared to nonbias crimes.16

In addition to physical vio-lence, the element of thrill seekingis introduced in Stage 5. Two ex-

perts found that 60 percent of hateoffenders were thrill seekers.17

The adrenaline high intoxicatesthe attackers. The initial adrenalinesurge lasts for several minutes;however, the effects of adrenalinekeep the body in a state of height-ened alert for up to several days.18

Each successive anger-provokingthought or action builds on residualadrenaline and triggers a more vio-lent response than the one that origi-nally initiated the sequence.19 An-ger builds on anger. The adrenalinehigh combined with hate becomes adeadly combination. Hard-coreskinheads keep themselves at alevel where the slightest provoca-tion triggers aggression.

Stage 6: The Hate Group

Attacks the Target withWeapons

Several studies confirm thata large number of bias attacks in-volve weapons.20 Some attackers

offensive gestures serve this pur-pose. In this stage, skinheads typi-cally shout racial slurs from movingcars or from afar. Nazi salutes andother hand signals often accompanyracial epithets. Racist graffiti also

begins to appear in areas whereskinheads loiter. Most skinheadgroups claim turf proximate to the

neighborhoods in which they live.One study indicated that a majorityof hate crimes occur when the hatetarget migrates through the hategroups turf.15


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use firearms to commit hate crimes,but skinheads prefer weapons, suchas broken bottles, baseball bats,

blunt objects, screwdrivers, and

belt buckles. These types of weap-ons require the attacker to be closeto the victim, which further demon-strates the depth of personal anger.Attackers can discharge firearms ata distance, thus precluding personalcontact. Close-in onslaughts requirethe assailants to see their victimseye-to-eye and to become bloodiedduring the assault. Hands-on vio-lence allows skinheads to expresstheir hate in a way a gun cannot.

Personal contact empowers andfulfills a deep-seated need to havedominance over others.

Stage 7: The Hate GroupDestroys the Target

The ultimate goal of haters is todestroy the object of their hate.Mastery over life and death imbuesthe hater with godlike power andomnipotence, which, in turn, facili-tate further acts of violence. Withthis power comes a great sense of

self-worth and value, the very quali-ties haters lack. However, in reality,hate physically and psychologicallydestroys both the hater and thehated.

Model Application

Anecdotal evidence suggeststhat this hate model has a widerapplication. For example, when acoworker becomes a hate target forreasons other than race, sex, or na-tional origin, the hater immediatelyseeks out others in the office whodislike, or can be persuaded to dis-like, the hated coworker (Stage 1).The group establishes an identityusing symbols and behaviors. They

use a lifted eyebrow, a code word toexclude the hated coworker from alunch invitation, or any number ofother actions to demean and isolate.

The haters even may adopt a namefor their group (Stage 2). At this

point, the haters only disparage thehated coworker within their group(Stage 3). As time passes, the hatersopenly insult the hated coworker ei-ther directly or indirectly by allow-ing disparaging remarks to be over-heard from afar (Stage 4). Onemorning, the hated coworker dis-covers his desk rearranged and

ASSESSMENT

Assessing and analyzingskinhead groups can help investiga-tors tailor intervention strategies to

each hate group, thus increasing the probability of successful interven-tion and rehabilitation. Law en-forcement can assess a skinheadgroup by first determining if thegroup is hate motivated or crimi-nally motivated. The best method toestablish motivation is through one-on-one interviews, although re-viewing police reports and criminalhistories prove adequate determin-ing factors as well.

Second, investigators shouldmeasure the maturity of the group,which is not determined by thechronological age of the groupsmembers but by the collective ac-tions of the group. Violence consti-tutes an important maturation indi-cator. Comparing the groupsactivities to the stages in the hatemodel can determine the maturityof a skinhead group. Mature groupscommit more violent acts than im-mature groups.

An additional step in the assess-ment process involves gauging thestrength of the groups mythology.Immature groups have simple my-thologies, whereas mature groupshave more complex and stubbornmythologies. Studying group my-thologies proves difficult becausethey represent the aggregate of agroups common beliefs, experi-ences, symbols, and rituals.

SYMBOLS, RITUALS, AND

MYTHOLOGYFully understanding hate

groups involves identifying anddefining their unique symbols, ritu-als, and mythologies. Symbols give

offensive images pasted over a pic-ture depicting his wife and children(Stage 5). From the sophomoric tothe terroristic, acts of hate have thesame effect. Eventually, the haterssabotage the hated coworkers

projects and attempt to ruin theindividuals reputation throughrumors and innuendoes (Stage 6). Inso doing, the haters make the workenvironment intolerable for the hate

target (Stage 7). Scenarios like thisoccur every day across Americaand, indeed, around the world. Thetargets of hate may change, but thehate process remains constant.

Corbis


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An accurateassessment of

skinhead groups is

critical to developinginterventionstrategies.

greater meaning to irrational hate.Haters use symbols for self-identifi-cation and to form common bondswith other group members. Addi-

tionally, they often swear alle-giance to these symbols. For ex-ample, the swastika, a simplesymbol, served as a powerful rally-ing point for the Nazi movementand helped mobilize an entirecountry.21

Each hate group adopts its ownsymbols or borrows them from oth-ers. Symbolic words and nonverbal

behaviors reflect individual disdainand serve as advertisements to at-

tract fellow sympathizers. Offen-sive language is the most commonexpression of dislike for others.Hate groups also display contempt

by using nonverbal gestures, suchas a Nazi salute. Clothes, short hair-cuts, military boots, tattoos, and

bumper stickers also represent sym-bols that can effectively communi-cate hate.

Symbols, however, are notenough to unify a group; therefore,more organized hate groups incor-

porate rituals, which serve twofunctions. First, they relieve indi-vidual group members from deepthought and self-examination. Sec-ond, rituals reinforce beliefs andfortify group unity.

The hate groups experiences, beliefs, and use of symbols andrituals combine to create group my-thologies. Mythologies unify dis-

parate thoughts and act as filtersthrough which group members in-terpret reality.22 Group mythologiescan have profound effects on itsmembers.23 A group with a power-ful mythology results in one resis-tant to ideological challenges, and,therefore, it is more dangerous.

Mythologies nurtured, reinforced,and protected from outside ideas

provide a forum where groupmembers can escape individual

responsibility. When we lose ourindividual independence in thecorporateness of a mass movementwe find a new freedomfreedom tohate.24

questions, such as Why do youhate? Cant you see what youredoing is wrong? How would youlike it if someone picked on you

because of your race? Skinheadsanswer smugly; they feel secure asskinheads. Because hate masks per-sonal insecurities, interviewersshould temporarily forego ques-tions about why skinheads hate andstrive to identify the skinheads per-sonal insecurities. Interviewersshould begin this probe by askingskinheads about their family rela-tionships, which probably representthe source of the skinheads insecu-

rities because a sense of who peopleare and where they fit in societytypically develops within the familystructure. Interviewers also shouldexplore skinheads future plans,educational goals, and desired em-

ployment. This forces skinheads tosee themselves as they really are. Ifforced to look at themselves,skinheads become vulnerable, lessresistant to rehabilitation, and, inlaw enforcement settings, morelikely to confess. This process

could take several hours or manymonths depending on the resistancelevel of the skinhead.

This strategy proves less effec-tive when interviewing criminallymotivated skinheads because theyview themselves as criminals whohate, rather than haters who commitcriminal acts. More traditional in-terviewing strategies have provensuccessful with criminally moti-vated skinheads.

INTERVENTIONSTRATEGIES

An accurate assessment ofskinhead groups is critical todeveloping intervention strategies.

INTERVIEWINGTECHNIQUES

Ironically, skinheads, espe-cially hate-motivated skinheads,talk to anyone who will listen, in-

cluding law enforcement officers.One investigator who knew littleabout white-supremacist ideologysimply asked skinheads why theyhated, what their tattoos meant, andhow skinhead groups were orga-nized. Numerous interviews andobservations substantiated the ini-tial information obtained by the in-vestigator. On the other hand,criminally motivated skinheads areless likely to talk because they actmore like criminals. Investigatorsshould determine the motivation ofskinheads when planning interviewstrategies.

Hate-motivated skinheadshave well-rehearsed answers for


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Dismantling immature skinheadgroups proves easier than breakingdown sophisticated skinheadgroups. Skinheads not solidly com-

mitted to supremacist ideologymore likely will respond to rehabili-tation attempts than hard-coreskinheads.25 Skinheads who havenot passed from Stage 4 (rhetoric)to Stage 5 (violence) will provemore receptive to rehabilitationstrategies than those skinheads whocommit violence.

Investigators should approachcriminally motivated skinheadgroups by using tactics similar to

those used against criminal streetgangs. Disrupting the activities ofmature, hate-motivated skinheadgroups requires time and moreelaborate interdiction strategies be-cause such groups are more unifiedand committed to their beliefs. Con-versely, aggressive prosecutionconstitutes an efficient means todisrupt immature, hate-motivatedskinhead groups.

Law enforcement used thistechnique to dismantle Peer Pride,

an immature, hate-motivatedskinhead group in Palmdale, Cali-fornia. The FBI learned about PeerPride when the group hung a noosefrom a tree in front of the home ofan African-American family. FivePeer Pride members taunted thefamily with racial slurs and de-manded that they move out of theneighborhood. Local law enforce-ment initially treated this incidentas a prank because hanging thenoose was the only reported hateactivity by the group. However, aneighborhood canvass determinedthat Peer Pride members periodi-cally sat in front of a local fast foodrestaurant and shouted racial slurs

at the African-American patrons.Instead of leniency for the first-timeoffenders, the Los Angeles CountyDistrict Attorneys Hate Crimes

Unit recommended harsh sanctions,including jail sentences. The effectwas immediate. The group dis-

banded and no other similar prob-lems occurred in the neighborhood.The incident, in and of itself, couldhave been interpreted as a prank,

but, in reality, the group was pass-ing from Stage 3 to Stage 4 in thehate model.

operating provides valuable infor-mation to determine how dangerousthe group is and what type of inter-vention strategies to employ. Early

intervention increases the probabil-ity of success, especially before thetransition period from rhetoric(Stage 4) to violence (Stage 5).These strategies can range from in-formal sensitivity instruction tomore formal programs, such as theJuvenile Offenders Learning Toler-ance (JOLT) program adminis-trated by the Los Angeles CountyDistrict Attorneys Office HateCrimes Unit. JOLT is a model inter-

vention program intended for first-time, low-level offenders who face potential criminal prosecution andschool disciplinary action.

CONCLUSION

To develop and implement suc-cessful intervention strategies todeal with hate groups, law enforce-ment personnel first must under-stand the hate process. The hatemodel identifies the multiple stagesof the hate process. Investigators

can use this model to identify haterswho have not yet transitioned fromhate rhetoric to hate violence andtarget them with intervention pro-grams, which have a higher prob-ability of success. Likewise, lawenforcement personnel can identifyand target hard-core haters with ap-

propriate interdiction strategies.Knowing how the hate processworks helps interviewers penetratethe hate mask and address thehaters underlying personal insecu-rities. If investigators can attenuatethese personal insecurities, haterswill become more receptive to reha-

bilitation. Identifying and under-standing the stages of the hate

In contrast, the Lancaster NLRgroup was a mature, hate-motivatedskinhead group. Four NLR mem-

bers beat an African-American tran-sient to death to earn the right towear lightning-bolt tattoos. Accord-ing to the groups ritual, membersonly can earn lightning-bolt tattoos

by killing minorities. A review ofpolice reports related to NLR crimi-nal activities clearly showed the

NLR group progressing through theseven stages of the hate model.

School administrators andteachers can use the hate model toinformally assess hate groupactivities on campus. Identifyingthe stage in which a hate group is

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process constitute the first steps incontrolling hate violence.

Endnotes1

The authors based this article on theirobservations and interviews of several hundredself-described skinheads, defined as usuallywhite males belonging to any of various,sometimes violent, youth gangs whose membershave close-shaven hair and often espouse white-supremacist beliefs,Merriam WebstersCollegiate Dictionary, 10th ed. (1996), s.v.skinhead.

2 See Eric Hoffer, The True Believer:Thoughts on the Nature of Mass Movements

(New York, NY: Harper and Row, 1989).3 Ibid.4 Ibid.5 Ibid.6 Statistics, however, reveal that most

hate crimes are not committed by hate groups.See U.S. Department of Justice, FederalBureau of Investigation, Uniform CrimeReporting Program,Hate Crime Statistics

2000 (Washington, DC, 2001). For moreinformation on collecting hate crime, seeU.S. Department of Justice, Federal Bureauof Investigation, Uniform Crime ReportingProgram, Training Guide for Hate CrimeData

Collection (Washington, DC, 1997).7 Raymond Paternoster and Alex Piquero,

Reconceptualizing Deterrence: An EmpiricalTest of Personal and Vicarious Experiences,Journal of Research in Crime and Delinquency

32 (August 1995): 251-286.8 See Brian Levin, A Dream Deferred: The

Social and Legal Implications of Hate Crimes inthe 1990s, The Journal of IntergroupRelations 20, no. 3 (Fall 1993): 10, citing JackLevin and Jack McDevitt,Hate Crimes: TheRising Tide of Bigotry and Bloodshed(NewYork, NY: Plenum Press, 1993).

9 Ibid.10 Supra note 2, 93-94.11 Supra note 2, 93-94.12 Supra note 2, 99.13 Supra note 2, 92.14 Charles W. Turner and John F. Layton,

Verbal Imagery and Connotation as Memory

Induced Mediators of Aggressive Behavior,Journal of Personality and Social Psychology

33 (1976): 755-763.15 Supra note 8, 10.16 Supra note 8, 9.

17 Supra note 8, 10.18 Dolf Zillermans research is described in

Daniel Goleman,Emotional Intelligence (NewYork, NY: Bantam Press, 1997), 60-62.

19 Ibid.20 Supra note 8, 8.21 William L. Shirer, The Rise and Fall

of the Third Reich: A History of Nazi

Germany (New York, NY: Fawcett Crest,1960), 71.

22 Daniel C. Maguire and A. NicholasFarnoli, On Moral Grounds: The Art, Scienceof Ethics (New York, NY: The CrossroadsPublishing Co., 1991), 164-167.

23 Joseph Campbell and Bill Moyers, ThePower of Myth (New York, NY: Doubleday,

1988), 31.24 Supra note 2, 100.25 Supra note 8, 10.

8/ FBI Law Enforcement Bulletin

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Bulletin Reports

Biometrics Catalog On-line

The Biometrics Catalog, a federally funded database, is a service of the National Institute ofJustice for the biometrics community and potential users of biometric technology. The catalog isdesigned to provide multiple search options so that browsers can find information quickly and easily.This catalog can be accessed at http://www.biometricscatalog.org.

Crime Mapping Research Center (CMRC)

The CMRC Web site is the primary source of information from the National Institute of Justices(NIJ) Crime Mapping Research Center. It serves as an international clearinghouse for informationabout the development of crime mapping and spatial analysis. It includes a list of CMRC staff, NIJ-funded grants that pertain to crime mapping, descriptions of upcoming conferences, a list of mapping-related software, a bibliography of crime-mapping resources, and descriptions of CMRCs currentinitiatives. CRIMEMAP, CMRCs listserv, is one of the centers main information dissemination tools.

CRIMEMAP facilitates communication among crime analysts, researchers, geographers, and otherinterested parties about justice-related computerized mapping technologies. CMRC can be accessed athttp://www.ojp.usdoj.gov/nij/maps.

Web-Based Resources

The National Institute of Justice (NIJ) and the Office of Community Oriented Policing Services(COPS) sponsored a study on the combined effects of pepper spray exposure and positional restrainton respiratory functions.Pepper Sprays Effects on a Suspects Ability to Breathe presents the results

of this study. This NIJ Research in Brief (NCJ 188069) summarizes the issues that gave rise to thestudy, the studys major findings, and their implications for law enforcement. Findings suggest thatinhalation of pepper spray does not pose a significant riskto subjects in terms of respiratory and pulmonary functions,even when it occurs with positional restraint. However,

pepper spray exposure did result in a small but statisticallysignificant increase in blood pressure, the origins andimplications of which remain unclear. This report isavailable electronically at http://www.ojp.usdoj.gov/nij/

pubs-sum/188069.htm or by contacting the NationalCriminal Justice Reference Service at 800-851-3420.

Law Enforcement

Bulletin Reportsis an edited collectionof criminal justice studies, reports, andproject findings. Send your material forconsideration to: FBI Law EnforcementBulletin, Room 209, Madison Building,FBI Academy, Quantico, VA 22135.(NOTE: The material in this section isintended to be strictly an informationsource and should not be considered an

endorsement by the FBI for any productor service.)


11/35


y enabling human interac-tion without the constraintsof physical barriers and with

enforcement officers with solutionswhen they encounter impedimentsinvestigating these types of cases.

DEFINITION OFCYBERSTALKING

As the Internet becomes thecommunication device of choice formillions of people worldwide, newsheadlines, such as Killer KeepsWeb Pages on Victim, Stalks HerThrough Internet1 and PennOpens Hate E-mail Inquiry,2 have

begun to appear more frequently.These headlines depict stories of

criminal intimidation, harassment,fear, and suggestive violence whereindividuals use the Internet as a toolto stalk another person. The term

cyberstalking has emerged to de-scribe the use of such technology toharass or stalk.3 Cyberstalking isdefined as the repeated use ofthe Internet, e-mail, or relateddigital electronic communicationdevices to annoy, alarm, or threatena specific individual or group ofindividuals.

All 50 states and the federalgovernment have enacted statutesaimed at protecting the victims of

stalking. Many of these statuteshave existed for a long time, whileothers have originated recently.Some of the older statutes were

broad enough to cover any typeof stalking behavior, includingcyberstalking; others had to beamended to do so. In some jurisdic-tions, new laws specifically ad-dressing the problem of cyber-stalking have been enacted. Inadapting general stalking and ha-rassment statutes to cover instances

of cyberstalking, legislators haveexpanded the means by whichoffenders commit this crime toinclude electronic communicationdevices.

Several states currently includespecific protections against threat-ening electronically transmittedcommunications in their stalkingor harassment statutes.4 Addition-ally, Title 18, Section 875, U.S.Code, criminalizes threateningmessages transmitted electronicallyin interstate or foreign commerce.The use of federal legislation to

prosecute cases of cyberstalking,however, is limited, by law, to

Bthe perception of anonymity, theInternet has become the ideal in-strument for individuals who wishto intimidate, threaten, and harassothers. A stalker can use theInternet to send alarming messagesanywhere, within a matter ofmoments, under the guise of a ficti-tious screen name or pseudonym.Understanding how offendersuse the Internet to stalk victimsin cyberspace can provide law

John Foxx Images

A Study onCyberstalkingUnderstandingInvestigative HurdlesBy ROBERT DOVIDIO, M.S., and JAMES DOYLE


12/35

March 2003 / 11

instances where the harassing mes-sages are transmitted across statelines or outside the United States.Despite the existence of Title 18,

Section 875, the federal govern-ment historically has limited its in-volvement in prosecuting cases re-lated to electronically transmittedthreatening messages to cases in-volving special circumstances, suchas threats made against the presi-dent of the United States. As withstalking that does not involve theInternet, local authorities investi-gate and prosecute most cyber-stalking cases in either the jurisdic-

tion where the victim resides or inthe jurisdiction where the messagesoriginated.

With the rapid pace of techno-logical advancement that existsin todays society, legislationshould take an evolutionary ap-

proach toward defining electroniccommunication devices and sys-tems of transmission. Legislationthat limits electronic devices andtransmission systems to specifictechnologies, such as telephones

and land-based wires, risk becom-ing antiquated with the emergenceof new technologies, such as com-

puters and wireless transmissionsystems.

THE STUDY

Background

Anticipating the significantrole computers would play in thecommission of crimes in the future,the New York City Police Depart-

ment (NYPD) developed the Com- puter Investigation & TechnologyUnit (CITU) in 1995. CITU investi-gates cases where offenders use a

Mr. Doyle serves as presidentof a private company that

trains law enforcement andconsults in the area of high-tech crime.

Mr. DOvidio is a Ph.D. studentand instructor at Temple

University in Philadelphia,Pennsylvania.

computer or the Internet as an in-strument to commit a crime orwhere a computer represents thetarget of a crime or constitutes a

source of evidence relating to acrime. The unit also performs out-reach services to business and com-munity groups to educate people oncomputer ethics, safe Internet prac-tices, and data security issues re-lated to the most current practicesof computer hackers. Additionally,CITU provides training and techni-cal assistance to local, state, andfederal law enforcement and

prosecutorial agencies.

Methodology

The authors used official policerecords from NYPDs CITU tocapture data on the extent andnature of cyberstalking for thisstudy. Specifically, the data for thisstudy were drawn from information

contained within standardizedforms filed by the complainant atthe time of the initial complaint andstandardized investigative forms

that detail the progress of the inves-tigation from beginning to end.Data were gathered using all closedcases of aggravated harassment5 in-vestigated by NYPD from January1996 through August 2000 in whichcriminals used a computer or theInternet as the instrument of the of-fense. In addition to the date of theoffense, descriptive informationwas gathered on the victim, the of-fender, the outcome of the case, the

method used to harass, and whetherthe victim and suspect resided in thesame jurisdiction.

Extent of the Problem

When compared to othercybercrimes, cyberstalking has

been the most prevalent crime


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reported to and investigated byCITU since the units inception.During the 56-month period fromJanuary 1996 through August 2000,

42.8 percent of the cases investi-gated by CITU involved aggravatedharassment by means of a computeror the Internet. Additional CITU in-vestigations during this period in-volved grand larceny, computer andnetwork trespassing, forgery, pettylarceny, criminal impersonation,child pornography, crimes againstchildren, and schemes to defraud.Understanding the distributionof cybercrimes is essential to allo-cating a computer crime unitsresources in a cost-efficient man-ner. Training that provides investi-gators with the technical know-ledge and procedural experienceneeded to successfully investigatecyberstalking should be a priorityfor a computer crime unit. Agenciesshould note that the technical train-ing needed to successfully investi-gate cases of cyberstalking is notentirely crime specific and will

prove useful when investigating

other types of computer-relatedcrime.

An examination of case out-comes revealed that 192 of the 201cyberstalking cases investigated

by CITU were closed during the56-month period of this study.Approximately 40 percent of thecases were closed with an arrest,and almost 11 percent of the casesfailed to produce evidence that acrime was committed. CITU closedthe remaining cases after findingevidence to support the victimscomplaint due to a jurisdictionalissue, an uncooperative complain-ant, a case transfer, or exhausting

all investigative leads without positively identifying a specificoffender.

The OffenderOffender characteristics were

examined using the 134 closedcases where a suspect was arrestedor where evidence to support an ar-rest existed but a suspect was notarrested because of an uncoopera-tive complainant or a jurisdictionalissue. The results revealed that

where investigators determined thata threatening or alarming message6

was transmitted using a computer orthe Internet (excluding cases with

unfounded outcomes). Females, themost likely recipients, were victim-ized in about 52 percent of thecases, whereas males were the vic-tims of aggravated harassment inapproximately 35 percent. Educa-tional institutions represented thenext most likely target with 8 per-cent. Offenders chose private cor-

porations in almost 5 percent of thecases. Public-sector agencies weretargeted in about 1 percent of thecases.

Approximately 85 percent ofvictims were white, 6 percentAsian, 5 percent black, and 4 per-cent Hispanic. The average age ofthe victims was 32, with the young-est victim being 10 years old and theoldest being 62 years of age.

Technological Methods

In 92 percent of the cases,offenders used only one methodto stalk their victims. E-mail was

used most often. Offenders used e-mail to harass their victims in ap-

proximately 79 percent of the cases.The second method most oftenused by offenders was the instantmessenger. Offenders used instantmessengers to harass their victimsin about 13 percent of the cases.Chat rooms were used in approxi-mately 8 percent of the cases,while message boards and Websites were used respectively in4 percent and 2 percent of thecases. Last, offenders employednewsgroups and false user profilesin approximately 1 percent of thecases.

...computer crimeinvestigation units

should developworking relationshipswith their counterpartsin other jurisdictions.

males (approximately 80 percent ofthe cases) were more likely than fe-

males to commit aggravated harass-ment using a computer or theInternet. Approximately 74 percentof the offenders were white, 13 per-cent Asian, 8 percent Hispanic, and5 percent black. The average age ofthe offender was 24, with the oldestoffender being 53 years old and theyoungest being 10 years old. Ap-

proximately 26 percent of offenderswere juveniles, according to NewYork State law, or under the age of

16.The Victim

Victim characteristics were ex-amined using the 171 closed cases


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March 2003 / 13

Cyberstalkers have employed various methods of

Internet communication to harass their victims. Although

not exhaustive, the following list describes some of the

methods that cyberstalkers may use: E-mail: A method of communication that allows

an individual to transfer text, picture, video, andaudio files to another persons electronic mailbox. Inusing e-mail to harass, the cyberstalker creates a text-

based, graphic-based, or audio-based message of athreatening, alarming, or otherwise harassing natureand sends it to the e-mail account of the intendedvictim.

Newsgroups: A method of communication that amountsto an ongoing discussion about a particular topic.Internet users contribute to the ongoing discussion by

posting their opinions, comments, or related experi-ences about a particular subject. These postings are

linked together and can be retrieved by querying adatabase of newsgroup topics. Cyberstalkers can usethese forums to post threatening or defamatorystatements directed at a specific individual or group ofindividuals. InNew York v. Munn (688 N.Y. S.2d 384;1999), the court found the defendant guilty of aggra-vated harassment for posting a message to an Internetnewsgroup that instructed people to kill police officersfrom the NYPD.

Message boards/guest books: A method of communica-tion similar to a newsgroup in that its contents amountto comments about a particular topic. Internet sitesoften have guest books where visitors can entertheir names and make comments about the site. Thevisitors name and comments are subsequently avail-

able to be viewed by others visiting the Web site. Aperson who wants to threaten or harass the owner of aWeb page easily can leave alarming messages in aguest book.

Internet sites: A method of communication thatinvolves posting information to a unique uniformresource locator (URL). Internet users later can retrievethis information by directing their Web browser to thecorresponding URL. An Internet site becomes themethod of harassment when a cyberstalker postsinformation on a Web page about an individual thatcauses them to become alarmed or frightened. Forexample, a cyberstalker could create an Internet sitethat advertises sexual services for hire and includes thevictims picture, phone number, and address. Subse-

quently, the victim is bombarded with telephone callsor personal visits from individuals inquiring about theadvertised sexual services.

Cyberstalking Methods

Chat rooms: A method of communication that enablesreal-time text, audio, and video-based group interaction.Chat rooms, or chat channels, usually are organizedaround specific topics of conversation. Topics include,

but are not limited to, such issues as politics, religion,relationships, and sex. When communicating in a chatroom, a participants messages are broadcast toeveryone signed into the particular chat room. Severaltypes of chat services have emerged since the develop-ment of the Internet. Chat services can be public or

private. Public chat services are open to everyone withaccess to the Internet. For example, Internet relay chat(IRC) and I seek you (ICQ) chat are open to all Internetusers. Both IRC and ICQ chat rooms have hundreds ofchat channels that cover a diverse range of subjects andenable the transfer of files between active participants.Unlike public chat services, private services limit accessto their chat channels and are hosted by specific on-lineservice providers. Chat rooms provide cyberstalkers

with different options to harass their victims. A stalkercan send alarming messages directly to the victim whileconversing in a chat room. The message is delivered tothe intended victim, as well as to all those users whocurrently are logged into the chat room. In addition, thecyberstalker can pose as the victim in a chat room and

provide personal information to participants, therebyresulting in the intended victim being directly contactedin person, by e-mail, or by phone.

Third-party instant messengers: A method of communi-cation that enables real-time text, audio, and video-

based interaction between two individuals over theInternet or a computer network. Users program theirinstant messenger software to notify them whendesignated individuals log on to the network. Withinstant messaging software, users have the ability toengage in real-time dialogue with a designated person aslong as both parties are connected to the network.Stalkers with prior knowledge of a victims screen namecan use an instant messenger to send harassingmessages in real time when both parties are logged ontothe Internet.

Commercial service user profiles: A method ofcommunication that involves posting descriptiveinformation about oneself to the membership directoryof a commercial Internet service. Service subscriberscan query this directory so that they may find othermembers who share similar hobbies, interests, or

backgrounds. People who want to harass others may

establish a false user profile that will direct unwantedcommunication toward their victim in the form ofrepeated telephone calls, e-mails, or in-person contact.


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Knowing the type of Internettechnology used most often bycyberstalkers can prove beneficialto law enforcement administratorswho must decide how to allocatethe training budget for computercrime investigators. Because e-mailconstitutes the method most oftenused by cyberstalkers, unit adminis-trators should prioritize technicaltraining that provides investigatorswith the knowledge needed to

perform e-mail-related forensics.

ISSUES FACING LAWENFORCEMENT ANDPOTENTIAL SOLUTIONS

Technical features of theInternet and procedural issueswith the law present problems forcriminal justice agencies wheninvestigating and prosecutingcyberstalking cases. These prob-lems, however, are not crime spe-cific and generally occur whenagencies investigate and prosecutecases involving any type of com-

puter crime.

Jurisdiction

The global reach of the Internetand the instantaneous nature of

computer-mediated communication present law enforcement with jurisdictional issues that couldnegatively impact the investigationand the subsequent prosecution ofcomputer crimes.7 With theInternet, stalkers no longer need

physical proximity to have contactwith their victims. They just aseasily can harass a person inanother state or country as theycan a person who lives in close

proximity.The majority of CITUs aggra-

vated harassment cases involved in-vestigations where both the of-fender and victim resided within the

jurisdiction of the NYPD. In ap-proximately 72 percent of the cases,the offender and the victim residedwithin the five boroughs of NewYork City. In comparison, 26 per-cent of the cases involved either anoffender or a victim who residedoutside the jurisdiction of the

NYPD but within the United States,while 2 percent of the cases in-volved an offender from a foreigncountry.

An offender residing outsidethe jurisdiction of the investigatingagency can negatively impact the

outcome of a case. In New YorkCity, the District Attorneys Officeis less inclined to prosecute aggra-vated harassment cases if the arrestof the suspect requires extraditionfrom another jurisdiction. Such

policies have prevented the appre-hension of offenders by the NYPDin cases where investigations byCITU have produced evidence sup-

porting their arrests. In 20 aggra-vated harassment cases investigated

by CITU, the NYPD did not arrestthe suspects, despite supporting evi-

dence, because their arrests wouldrequire extradition from another ju-risdiction. In these cases, the NYPDmade referrals to the police depart-ments that had jurisdiction over theoffenders.

Differences in statutory defini-tions of stalking across statesmay complicate the investigationand prosecution processes whenoffenders reside outside the

jurisdiction of the investigatingagency. Jurisdictions that do notrecognize Internet communicationas a viable method to stalk orharass may deny or ignore theextradition request, search warrant,or subpoena of a jurisdiction where

U.S. Department of Justice Cybercrime Web Site: http://www.cybercrime.gov

High Technology Crime Investigation Association: http://www.htcia.org/

SEARCHThe National Consortium for Justice Information & Statistics: http://www.search.org/National Center for Missing & Exploited Children: http://www.ncmec.org/

International Association of Computer Investigative Specialists: http://www.cops.org/

Compuforensics: http://www.compuforensics.com/

National Law Enforcement & Corrections Technology Center: http://www.nlectc.org/

National White-Collar Crime Center: http://www.iir.com/nwccc/nwccc.htm

Resources



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March 2003 / 15

such methods do constitute a crimi-nal offense.

To minimize the negative impact jurisdictional issues have on

the successful investigation andprosecution of cyberstalking cases,computer crime investigation unitsshould develop working relation-ships with their counterparts inother jurisdictions. Such relation-ships can prove essential to secur-ing the arrest of out-of-state or for-eign offenders in their home

jurisdictions when the victims ju-risdiction will not arrest if extradi-tion is required. In addition, cross-

jurisdictional relationships betweencomputer crime investigation unitscan help secure the execution ofout-of-state subpoenas and searchwarrants and facilitate relationshipswith out-of-state Internet service

providers, computer manufacturers,and software developers. Over the

past decade, various professionalorganizations have formed for thoseinvolved with the investigation ofcomputer-related crimes. Participa-tion in these organizations can

provide law enforcement with in-valuable links to out-of-stateresources.

Because of the ease with whichcyberstalkers may attack across ju-risdictional lines, legislaturesshould carefully define the venue ofthe offense. In cases where threat-ening communication originatesfrom another state or country andthe statute of the investigating juris-diction defines the venue of the of-fense in terms of where the commu-nication originated, the criminal

justice community will not be ableto properly serve the victim. Whencreating legislation to combat

cyberstalking or when revising ex-isting stalking legislation to includeInternet communication, statesshould define the venue of the of-

fense in a manner that includes boththe place where the communicationwas received and the place wherethe communication originated.

and time an investigator spends on acase.

Out-of-date and missing ac-count, subscriber, or user informa-

tion also presents problems to lawenforcement agencies when investi-gating cases of cyberstalking. With-out toll records or transactionaldata, investigators can have a diffi-cult time establishing an electroniclink between the suspect and thevictim. The financial and humancosts associated with gathering andmaintaining account informationdecreases the possibility thatInternet service providers will vol-untarily collect and maintain suchdata for a useful period of time.Missing toll records, transactionaldata, user information, or accountcontent resulted in a negative caseclearance in approximately 18 per-cent of the cyberstalking cases in-vestigated by CITU. In these cases,the content of the communicationcontained a threatening message,

but no arrest occurred because de-tectives could not gain access to theelectronic evidence to legally sup-

port apprehending a specific indi-vidual. To ensure that account, sub-scriber, and user information arecollected and saved long enough tohelp law enforcement, legislationthat regulates Internet service pro-viders should include data collec-tion requirements.

Anonymizing Tools

The continued developmentand increased availability ofanonymizing Internet tools (i.e., de-vices that ensure a persons ano-nymity when using the Internet) cancomplicate the investigation ofcyberstalking cases. Anonymous

Account and UserInformation

The unwillingness of some

Internet service providers to readilygrant law enforcement access tosubscriber records further compli-cates the investigation of acyberstalking case. Not all Internetservice providers agree on whatconstitutes subscriber records,which are obtainable by subpoena,as opposed to transactional records,which require a search warrant.8

When compared to obtaining telephone records from a telephonecompany, obtaining a suspectsInternet account information from aservice provider can prove far morecomplicated and involve an in-crease in the amount of paperwork

...administratorsshould prioritizetechnical training

that providesinvestigators with theknowledge needed to

perform e-mail-related forensics.


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remailers allow individuals to sendelectronic mail without transmittingany information that would enableothers to determine the identity of

the author. Remailers strip identify-ing information from the e-mailheader and erase any transactionaldata from servers that would enablelaw enforcement to trace the mes-sage back to the author. Conse-quently, cyberstalkers who use ananonymous remailer as the solemeans to send threatening or ha-rassing e-mail messages will remainvirtually undetectable to the victimand law enforcement. The danger

raised by the use of anonymousremailers, as depicted by CITUscaseload, does not stem from thefrequency in which these toolsare used, but from the effectthese tools have on the investigative

process. Anonymous remailerswere used in only 4, or 2.1 percent,of the 192 cyberstalking cases

investigated by CITU. Investiga-tors, however, could not trace theharassing e-mail messages sentthrough the anonymous remailers

back to their authors in all fourcases where these tools were used.

Anonymous Web-browsingservices also offer cyberstalkers theopportunity to harass or threatenvictims while remaining virtuallyuntraceable to law enforcement.Some companies provide userswith the ability to surf the Inter-net, participate in public chat chan-nels, send instant messages, and

post messages to newsgroups

without transmitting any identify-ing information. The exclusiveuse of such services to send harass-ing messages would prevent inves-tigators from establishing anelectronic link between thevictim and the offender. An exami-nation of CITUs cyberstalkingcaseload found no instances where

offenders used anonymous Web- browsing services to stalk theirvictims.

The widespread availability of

anonymizing tools can increase theamount of cyberstalking andInternet deviance in general. Theo-retically, deviance will result fromthe use of anonymizing tools

because people will feel lessrestrained when not faced with thefear of detection by their victim orthe police. The absence of a legally

binding international body to regu-late the Internet leaves little hopethat the deployment of anonymizing

tools will be stopped. Even if acountry did succeed in banning thedistribution of anonymizing tools,the global reach of the Internetwould enable people to seek outsuch tools in countries that allowtheir use. Consequently, citizensmust learn to survive on an Internetwhere people can act without ac-countability. In the absence of aregulatory solution to safeguardInternet users against those whoemploy anonymizing tools to ha-

rass, Internet service providers andrelated software companies shouldseek a technological solution aimedat blocking unwanted anonymouscommunication.

CONCLUSION

Because the Internet allows hu-man interaction without physical

barriers and with the perception ofanonymity, it has become the idealinstrument for individuals whowish to intimidate, threaten, or ha-rass. Federal and state legislationhave emerged to criminalize such

behavior. Legislatures aiming tocriminalize cyberstalking should

Distribution of Cybercrimes Investigated by

the New York City Police DepartmentJanuary 1996 through August 2000

Number of PercentCrime Cases of CasesAggravated harassment 201 42.8Grand larceny 102 21.7Hacking (e.g., computer trespass) 46 9.8Forgery 23 4.9Petit larceny 22 4.7Criminal impersonation 20 4.3Child pornography 19 4.0Crimes against children 14 3.0

Scheme to defraud 10 2.1Other crimes 13 2.8Total 470 100


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March 2003 / 17

take an evolutionary approach to-ward defining the means of commu-nication covered by the law toensure protection against harassing

communications sent using newlydeveloped technologies.

An examination of all computercrimes investigated by the NewYork City Police Department fromJanuary 1996 through August 2000found cyberstalking to be the most

prevalent computer crime investi-gated by the department. Thus, po-lice personnel administrating com-

puter crime units should prioritizestaffing and training initiatives that

properly equip their units to dealwith the cyberstalking problem.Additionally, because cyberstalkersuse e-mail as the communicationmethod of choice, computer crimeunit administrators should prioritizetechnical training that provides in-vestigators with the knowledgeneeded to perform e-mail-relatedforensics.

Out-of-date and missing ac-count, subscriber, and user informa-tion, as well as anonymizing tools,

presented problems for law en-forcement during cyberstalking in-vestigations. Working relationships

between computer crime units in allagencies can minimize the negativeeffects that jurisdictional issueshave on the investigation and

prosecutorial processes. These re-lationships can help facilitate theexecution of out-of-state subpoenasand search warrants and providelaw enforcement with an open doorto out-of-state Internet service

providers.Out-of-date and missing ac-

count, subscriber, and user informa-tion also have prevented law en-forcement from establishing an

electronic link between the suspectand the victim. To offset thisnegative effect, legislative actionshould establish data collection

standards for Internet service pro-viders that meet the needs of com-

puter crime investigators.

(November 7, 1999), retrieved June 21, 2001,from http://www.phillynews.com/inquirer/99/Nov/7/front_page .

3 U. S. Department of Justice, 1999 Reporton Cyberstalking: A New Challenge for Law

Enforcement and Industry, August 1999;retrieved November 6, 2001, from http://www.usdoj.gov/criminal/cybercrime/

cyberstalking.htm.4 American Prosecutors Research Institute,

The Status of Cyberstalking in the Context of

Violence Against Women (Arlington, VA:American Prosecutors Research Institute,1999). For instance, section 240.30 of the NewYork State Penal Law finds a person guilty ofaggravated harassment if the individualpurposely intends to harass, annoy, threaten, oralarm another person by means of mechanical,electronic, or written communication.Additionally, New York revised its antistalkingstatutes in December 1999 to cover electronic

communication, such as e-mail, that is likely tocause fear or harm. In defining the actions thatconstitute stalking, section 646.9 of theCalifornia State Penal Code includes verbal,written, or electronic communications that areintended to place individuals in reasonable fearfor their safety. In defining electroniccommunications, California has relied upon thedefinition used in the U.S. Code for regulatingbehavior related to communication devices.Specifically, the term electronic communicationmeans any transfer of signs, signals, writing,images, sounds, data, or intelligence of anynature transmitted in whole or in part by a wire,radio, electromagnetic, photo-electronic or

photo-optical system. According to theCalifornia State Penal Code, the devices used totransmit electronic communications include,but are not limited to, telephones, cellularphones, computers, video recorders, faxmachines, and pagers.

5 New York Penal Law 240.306 As defined by New York Penal Law

240.30.7 Neil Barrett,Digital Crime: Policing the

Cybernation (London, England: Kogan Page,1997).

8 The legal requirements for obtaining suchrecords are contained in the ElectronicCommunications Privacy Act (ECPA), codifiedin 18 U.S.C. 2701-2711.

All 50 states and thefederal government

have enacted statutesaimed at protecting the

victims of stalking.

Finally, the infrequent use of

anonymous remailers by cyber-stalkers should not pull attentionfrom the negative effect that thesetools can have on the law enforce-ment process. The increased avail-ability and continued developmentof anonymizing Internet tools that

are easier to use than previousversions likely will increase the useof these options by criminals. Whenused, anonymous remailers suc-cessfully prevented law enforce-ment from tracing e-mail messages

back to the offender. A technologi-cal solution aimed at blockinganonymous communication willoffset the threat to users posed byanonymous remailers.

Endnotes1 Killer Keeps Web Pages on Victim,

Stalks Her Through Internet, (November 29,1999), retrieved June 21, 2001 from http://www.canoe.ca/technews9911/30_killer.html.

2 Sudarsan Raghavan, Penn Opens HateE-mail Inquiry,Philadelphia Inquireron-line

Mr. DOvidio can be reached viae-mail at [email protected]. Doyle can be reached via e-mail at

[email protected].


19/35


or years, an official advertisement in a local

newspaper constituted the only police recruit-

Recruitment StrategiesA Case Study in Police

RecruitmentBy Mark A. Spawn

Police Practice

examination for the police officer position, and, ofthose, 100 individuals passed. When the departmentoffered the police test again in 1999, 47 applicantstook the test and 36 (76 percent) passed.

The next stage in the testing process consists ofthe physical agility test. The department tests candi-dates for flexibility, the amount of push-ups and sit-ups performed in a certain time frame, and thecompletion of a 1.5-mile run. In 1999, more than 58

percent of the applicants could not pass the agilitytest, which left a short list of candidates. After theremaining group completed background investigationsand psychological and polygraph testing, seven moreapplicants were excluded from the list leaving only 12

percent of those who had taken the written testeligible for appointment. The shortage of eligible

candidates seriously concerned the department. Inparticular, candidates did not seem prepared for theagility test. The written examination had not changedsignificantly in recent years, but neither had theagility standards. To rectify the problem of a seriouslyshort candidate list, the Fulton Police Departmentannounced another written test in 2000 to garner morecandidates.

Recruitment

For the written test in 2000, the departmentembarked on a serious recruitment campaign. Thedepartment sent posters to area colleges and press

releases to local newspapers and radio and televisionstations. The department highlighted the recruitmentdrive, as well as the physical standards, on a special

page on its Web site. The departments officers andtheir families, as well as the department staff, assistedwith the production of a television commercial thataired in the region and drew the most attention. Itshowcased Fulton and its police department bystarting with a community theme, then leading to a

police officer talking with a citizen, investigating anaccident, and examining crime scene evidence. At theend of the commercial, viewers saw a telephonenumber and heard a voice that asked them, Are youup to the challenge? For 2 months, the agencycontinued a barrage of media releases and aired thetelevision commercial. This proved an unusualrecruitment approach in the area, and it drew theattention of all three local network affiliates, whichincreased publicity even more. During this time, the

Fment efforts of the Fulton, New York, Police Depart-ment. The simple announcement usually provided asufficient number of applicants for screening andhiring purposes. However, the department recentlyencountered a problemeven though applicants

passed the written civil service test, many of themfailed the physical agility test.

Background

Fulton, New York, a small city in the central partof the state, employs 35 sworn officers to serve thecommunity. The Fulton Police Department maintainsan active police candidate list for at least 2 years and,often, up to 4 years. But, because of an insufficientnumber of candidates several years ago, the agencyoffered the civil service test, the first phase of thetesting process, for police officers for the second timein 2 years. In 1996, 144 applicants took the written


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March 2003 / 19

department made applications available not onlythrough the civil service office during business hours

but also from the police department. All of theseefforts proved so successful that the department hadto use a high school gymnasium as a testing center.

To help candidates meet the required physicalfitness standards, each applicant received a summaryof the requirements. Even though the standardsconstitute a part of the basic application package, thedepartment added emphasis by attaching a simplifiedchart, which showed applicants what the departmentwould require if they passed the written examination.

Candidates received the fitness standards once againprior to agility testing, several weeks before the test.By providing this information to the candidates wellin advance, the department hoped that the eliminationrate would decrease significantly.

Results

The results of candidate testing showed that thedepartments efforts paid off. A record 160 candidatestook the written examination and 111 (69 percent)

passed. A segment of those applicants with a passingscore underwent the physical agility testing. Of thatgroup, 71 percent passed, a 29 percent increase fromthe previous year. Even though a 7 percent greaterfailure rate existed with the written examinationcompared to the previous years exam, the significantincrease of those who successfully completed theagility test gave the department a much larger candi-date pool. It also validated the recruitment campaign

and, particularly, the emphasis on the physical agilitycomponent.

During the written examination in 2000, thedepartment surveyed candidates to elicit responsesconcerning recruitment efforts. It designed the surveyto measure best practices for recruitment, availabilityof application packages, number of police tests taken,and applicants knowledge of physical agility stan-dards. A summary of the survey results indicated thatnewspaper advertising proved the most prominentmedium from which candidates learned about the

police test, followed closely by the television adver-

tising. Candidates suggested that newspaper andtelevision were the best mediums to notify them offuture tests. The availability of police test packageswas important45 percent of candidates obtainedthem from the police station and 33 percent from the

personnel office.The most critical survey question evaluated

whether the department delivered the message onagility standards. Surveys asked if candidates knewabout the physical agility requirements. An over-whelming 94 percent said that they knew, and 5

percent answered that they somewhat knew aboutthem. Only 1 percent answered no. The bestanalysis occurred when top-scoring candidatesunderwent physical agility testing. At that time, the

pass rate for the agility test reached 71 percent, a 13percent increase from the previous year.

In New York, the entrance exam is standardizedand given on the same day statewide. This allows

Candidates takingwritten test

Candidates passingwritten test

Top-scoring candidatespassing all screenings*

1999No Strategy

2000Aggressive Strategy

47

36

42%

160

111

71%

*includes written exam, physical agility test, and background investigation

Recruitment Strategy


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applicants to sit for one test and have their scoresfiled with other jurisdictions in the state. In 2000, 82

percent of the applicants sitting for the Fulton examtested only for the Fulton Police Department.

Conclusion

The officer candidate selection processfrom thewritten test to the agility test, to background investi-gations, psychological evaluations, and polygraphexaminationsis intensive and expensive. Aftermany applicants failed the physical agility test in1999, the Fulton Police Department implemented anaggressive recruitment campaign to attract largernumbers of candidates. The department used a varietyof resources to recruit local residents and to advisethem of required physical fitness levels. As a result, a

record number of candidates took the written exami-nation, and the number of applicants who passed the

physical agility test increased dramatically from theprevious year.

A recurrent emphasis on fitness throughout thetesting process is a message to candidates of theimportance of the standards. While some law enforce-ment administrators might view a high failure rate for

physical testing as a problem beyond their control, anintense recruitment program highlighting the mini-mum requirements is one method to increase resultsand yield more candidates.

Chief Spawn heads the Fulton, New York, PoliceDepartment.

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March 2003 / 21

n April 23, 1990, the U. S.Congress signed the HateCrime Statistics Act intoO

law.1 Previous to this act, hate/biascrimes existed, but were nottracked or focused on as a specifictype of crime. For example, AdolfHitlers attempted genocide in the1930s and 1940s registers as oneof the most heinous acts in historyand the abomination that all hate/

bias crimes are measured against,

but, at the time of its discovery andinvestigation, no act or specificguideline for investigating andclassifying hate/bias crimesexisted.

The FBI defines a hate/biascrime as a criminal offense com-mitted against a person, property, orsociety which is motivated, inwhole or in part, by the offenders

bias against a race, religion, disabil-ity, sexual orientation, or ethnicity/national origin.2 Hate/bias crimesdestroy communities, as well ashoard resources from law enforce-ment agencies. Hate/bias crimestear at the very fabric of American

societya society based on clearand certain truths intended for allcitizens and communities and dis-tinctly stated in the Declaration ofIndependence. We hold these

truths to be self-evident, that allmen are created equal, that they areendowed by their Creator with cer-tain unalienable Rights, that amongthese are Life, Liberty, and the pur-suit of Happiness.

Law enforcement agencies andofficers need to know the issues,guidelines, and action steps thatcomprise an effective hate/biascrime response and investigation.3

Law enforcement agencies also

should ensure that investigators re-ceive training in such critical ele-ments as understanding the role ofthe investigator, identifying a hate/

bias crime, classifying an offender,

Best Practices of a Hate/BiasCrime InvestigationBy WALTER BOUMAN

Mark C. Ide


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interviewing a victim, relating to acommunity, and prosecuting an of-fender. When hate/bias crimes oc-cur, they deserve investigators

timely response, understanding,and vigilance to ensure an accurateand successful investigation. Whileveteran investigators of hate/biascrimes recognize these basic tenets,they also know the importance ofrevisiting them periodically to re-mind law enforcement officers howto handle fragile victims, families,and communities that have beentraumatized by the hateful act of acriminal. Furthermore, the events of

September 11, 2001, require the lawenforcement community to renderspecial attention to these crimes be-cause the hated community was theentire United States and its way oflife.

Understandingthe Investigators Role

All investigators responding toor helping in the investigation of a

hate/bias crime must be caring andcompassionate persons. They musttolerate all races, religions, nationalorigins, sexes, sexual orientations,

and disabilities to maintain anonjudgmental attitude throughoutan investigation. Investigators musthave comprehensive knowledge ofthe general elements and motiva-tions behind hate/bias crimes. In-vestigators also need to recognizethe potential of such crimes toaffect the primary victim, thevictims family, other members ofthe victims group, or the largercommunity.

When working with the victimsof a hate/bias crime, the role of thefirst responder is critical.4 In manyinstances, the investigator is thefirst contact with law enforcement,the government, or the justice sys-tem that the victim may have expe-rienced. Investigators become rep-resentatives of their entire agency,and, without a good first impres-sion, the victim may feel driven

away. Driving a victim away, evenunintentionally, will slow an inves-tigation and cause the victim to feeleven more alienated. Responding to

a potential hate/bias crime in thecorrect fashion can open the lines ofcommunication between the victimand the investigator, but it also canensure that the search for offenders

begins in the right direction.

Identifying Hate/Bias Crimes

A common, but critical, mis-take in a hate/bias crime investiga-tion is the misidentification of thecrime. Attempting to correct amisidentification with a victim,community, or within a law en-forcement agency is time consum-ing and difficult at best. Officersunsure about identifying a potentialhate/bias crime should consult witha supervisor or an expert on thetopic. They should use the depart-ment chain of command to informthe department of the incident andto update key members throughoutthe investigation. Questions similarto the following will help investiga-

tors identify hate/bias crimes andbegin an investigation.

Was the victim a member of atargeted class?

Was the victim outnumberedby the perpetrators?

Did the victim and offenderbelong to different groups?

Would the incident have takenplace if the victim and of-fender were of the same

group? Have other incidents occurredin the same locality or in asimilar place?

Investigatorsbecome

representatives oftheir entire agency,and, without a goodfirst impression, the

victim may feeldriven away.

Mr. Bouman currently trains federal officers in California and NewMexico in cooperation with the Federal Law Enforcement TrainingCenter (FLETC) based in Glynco, Georgia.


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March 2003 / 23

Have other incidents happenedat similar times?

Is the time significant to hate-motivated groups?

Were the victims of theseincidents members of atargeted group?

Was the victim a member of aprotected class that is outnum-bered by members of anothergroup in the neighborhood?

Did the offender use biasedoral comments, written state-ments, or gestures?

Were bias-related objects,

items, or symbols used or leftat the crime scene?

Classifying Offenders

Equipped with the answers tothese questions, investigatorsshould be able to determine if thecrime was committed based uponhate or bias and, if so, begin to in-vestigate the motivations of the of-fender. Hate/bias crimes, offenders,and their motivations all typically

fit within five basic classifications.1) Thrill seeking: Generallygroups of young people, theseoffenders are motivated by theexperiences of psychologicalor social excitement, mere

pleasure, or the gain of brag-ging rights. Their targets oftenare unknown outside thegroups they represent. Hate/

bias-based graffiti or verbal orphysical assault representoffenses of this classification.

2) Organized: Motivated bythe need to express their

profound resentment against,

for the most part, minoritygroups, these offenders lookfor a role model or leader whowill organize and encourage

them to act. Skinheads andtheir activities exemplify thisclassification.

3) Missionary: Usually identi-fying with a specific leader orhigher power, these offendersseek to rid the world of evil bydisposing of the members ofan identified and despisedgroup. Those led by Hitlertypify this classification.

assault targets with whom theyshare common traits or charac-teristics. A homosexual persontargeting or assaulting other

homosexuals epitomizes thisclassification.

Once a crime has been re-sponded to, recognized as a hate/

bias crime, and classified as such,investigators should conduct atimely and comprehensive follow-up investigation. Knowing and un-derstanding the five typical classifi-cations, as well as remaining awareof meaningful calendar and anni-versary dates (e.g., Hitlers birth-

day), key symbols (e.g., tattoos,mantras), or previous patterns of ac-tivity significant for these groupsand their agendas, can assist in aneffective investigation. Investiga-tors must proceed promptly to keepthe incident from escalating, appre-hend the perpetrator, and diligently

process all physical evidence, allwhile remaining sensitive to thefeelings and needs of the victim orsurrounding community.

Interviewing VictimsHate/bias crimes are uniquely

violent and traumatic. Victims ofthese crimes feel degraded, iso-lated, frightened, suspicious of oth-ers, powerless, and depressed.Some victims experience severetrauma and denial about the inci-dent, and some victims and familiesmay feel emotionally disturbed forextended periods of time. Thislong-term stress can take a substan-

tial toll on a family and the sur-rounding community. Effective in-vestigators know and understandthese elements of hate/bias crimes.

4) Reactive: Typically show-ing a lack of tolerance forindividuals of other groups,these offenders protect anddefend what belongs to them(a country, community,neighborhood, school, orchurch) from outsiders.Average citizens defendingtheir race against another racecharacterize this classification.

5) Identityconflicted: Moti-vated by self-hatred or self-

protection, these offenders

Hate/bias crimesdestroy communities,

as well as hoardresources from law

enforcementagencies.


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Responsive and sensitiveinvestigators also understandhow important their communi-cation skills are in these casesand that, in many cases,listening is more importantthan talking.

When interviewing the victimof a hate/bias crime, investigatorsmust pay attention to the victimsstate of mind and do everything in

their power to gain useful informa-tion while creating a nonstressfulenvironment for the victim. Investi-gators should interview victims in

private. This will help calm victimsand remove them from any distrac-tions. Investigators who allow aclose friend or family member to

join the interview will experiencecalmer victims. These people will

provide support, keep the victimsfocused, and help them relax.However, official statements can-not be made for victims by friendsand family, and investigatorsshould make this clear. Some vic-tims also may require, or be more

the response to other such crimes,and the prevention of hate/biascrimes in the future.

Relating to CommunitiesMany citizens do not under-

stand hate/bias crime laws, investi-gation procedures, or the time re-quired to complete a successfulinvestigation. Thus, investigatorsneed to work as liaisons betweentheir agency and the community.Educating victims and others abouthate/bias crimes should become a

priority and coincide with an inves-tigation. Victims and communitieswill then better understand probingand inquisition regarding the inci-dent. Moreover, education could

become a valuable investment infuture prevention or response tosuch crimes.

Investigators can use many tac-tics to educate, train, and empowercommunities to fight hate/biascrimes. Establishing and training

Neighborhood Watch groups, en-couraging community meetings andcommunity problem-solving activi-

ties, and supporting community ef-forts by involving local law en-forcement agencies are just a few ofthe ways investigators can make agood first impression with the com-munity. Investigators also can traintargets and victims of hate/biascrimes as responsive and preventiveadvocates; engage members of localcommunity organizations to helpwith the response, investigation,and prevention of hate/bias crimes;and help coordinate critical supportservices for primary and secondaryvictims. Vigorously responding toand investigating hate/bias crimesin the local community and using

comfortable with, an interpreter.Investigators should ask ques-

tions slowly and allow the victimplenty of time to think or recall im-portant details. Some questions will be difficult to ask and answer;therefore, investigators nevershould become impatient or argu-mentative with the victim. Investi-gators need to collect critical infor-mation about specific acts or words

used by the perpetrator, as well asrecord and compile anything elsethat can help establish a motivationof hate or bias. Victims also willneed time to vent frustration anddisplay emotions. To help facilitatethis, investigators should express agenuine sense of care and concernthroughout the investigation. Last,investigators must help victims con-nect to sources of support in thecommunity. The critical informa-tion gathered during these inter-views will be advanta

Documents

FBI Law Enforcement Bulletin - Mar03leb