NCJ Number
90107
Date Published
1983
Length
14 pages
Annotation
This address explains the policy and decisionmaking criteria bearing upon the U.S. Justice Department's proceeding against law enforcement personnel for Federal civil rights violations.
Abstract
Section 242 of Title 18 of the United States Code is most often used to sanction police misconduct. This section makes it a crime for anyone acting under color of law willfully to deprive any inhabitant of the United States of a right secured or protected by the Constitution or laws of the United States. Most of the Justice Department's prosecutions under this statute involve only misdemeanors, unless death results from the official misconduct. Upon receiving information of a possible violation, the FBI conducts an investigation. About one-third of the complaints received are of sufficient substance to warrant investigation. Data obtained from the investigation are reviewed by an attorney in the Civil Rights Division who decides whether to close the investigation or recommend a grand jury presentation. Two additional levels of review are required before a case is authorized for grand jury presentation. It is policy to present virtually every case that goes forward to a Federal grand jury in the district where the misconduct allegedly occurred. This is because it is important to establish the credibility of each witness under oath. At the conclusion of the grand jury proceeding, a decision is made regarding whether to request an indictment. This decision is based on whether or not there appears to be sufficient evidence to establish the defendant's guilt beyond a reasonable doubt. Prosecution decisions also take into account the adequacy of the response of local authorities to the alleged misconduct. Federal action is generally suspended where local action is deemed sufficient. The willfulness of the officer's action is also a critical factor that determines whether prosecution is undertaken.