Can the federal government become involved with hate crime charges?
In rare situations, where the state is unable or unwilling to proceed, the federal government has limited jurisdiction to charge some cases as federal criminal civil rights violations. In these cases, a federal prosecutor must demonstrate a specific federal interest, and must prove that the victim was prevented from exercising a constitutional right on the basis of race, religion, or national origin. These are traditionally difficult cases to charge and prove because the government generally must prove that the victim was prevented from engaging in some type of constitutionally protected activity. However, even under these limited circumstances, the federal governments backstop authority has proven very valuable in some high-profile cases and in others involving organized hate groups.
