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The more frequent use of hate crime laws could be effective in reducing sentencing disparities
in terrorism cases. Our data show that defendants who pleaded guilty to, or were convicted
of, hate crime offenses were sentenced to 22.2 years in federal prison on average, which is
comparable to the prison sentences issued to international extremists who were convicted on
material support charges. However, hate crime charges in terrorism cases have been rare, and
prosecutors appear unlikely to use them outside of cases that involve mass casualties or other
extraordinary outcomes. Indeed, in our data, all twelve of the domestic terrorism cases that
included hate crime charges involved attacks that resulted in victim fatalities. Five of the cases
involved mass casualties. While federal hate crime laws have been routinely expanded since
their initial adoption in 1968, only 15 percent of cases referred for prosecution as hate crimes
each year result in the use of hate crime charges......[Citing TRAC data and reports}
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