NCJ Number
227381
Journal
Criminal Justice Review Volume: 34 Issue: 2 Dated: June 2009 Pages: 196-209
Date Published
June 2009
Length
14 pages
Annotation
This study examined the U.S. Department of Justice's (DOJ's) prosecutions of criminal civil rights violations under Federal criminal code 18 U.S.C. 242, which allows the DOJ to criminally prosecute those individuals who operate under color of law in violating the civil rights of an individual.
Abstract
A review of all DOJ prosecutions under 18 U.S.C. from 2001 to 2006 shows that most complaints were brought against local police and correctional officers. These prosecutions were not evenly distributed across Federal circuits, and acquittal rates were significantly low. There were significant variations in offense types among justice professionals. Police officers were most often charged with robbery/theft, and correctional officers were prosecuted for the use of excessive force. Most of the 242 prosecutions were against employees from large, local agencies. Prosecutions under 242 were relatively low compared with the number of complaints received, which suggests that the DOJ does not aggressively pursue 242 cases. This unwritten policy may indicate deference to local and State courts for dealing with civil rights issues in their jurisdictions under relevant laws. Future research should address the specific policies of DOJ toward 242 cases in the context of priorities in case selection. Although DOJ guidelines provide some indication of what cases are selected for prosecution, the findings from this study suggest that only serious crimes are prosecuted. Future research should examine how, or if, case characteristics and extraneous variables, including relationships with the local courts and DOJ resources, influence the case selection and prosecution of cases under 242. 46 references