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FEDERAL CIVIL RIGHTS ACT - CRIMINAL LIABILITY OF PEACE OFFICERS

NCJ Number
29257
Date Published
Unknown
Length
0 pages
Annotation
POLICE LEGAL TRAINING FILM WHICH DESCRIBES THE HISTORICAL DEVELOPMENT OF TITLE 18, SECTIONS 241 AND 242 OF THE UNITED STATES CODE AND ANALYZES THE LEGAL AND PRACTICAL APPLICATIONS OF THESE STATUTES TO POLICE PERSONNEL.
Abstract
TITLE 18, SECTION 241, OF THE UNITED STATES CODE PROHIBITS A CONSPIRACY AGAINST THE CONSTITUTIONAL OR FEDERAL LEGAL RIGHTS OF CITIZENS. TITLE 18, SECTION 242, PROHIBITS THE DEPRIVATION OF THE FEDERAL RIGHTS OF ANY INHABITANT WHILE ACTING UNDER COLOR OF LAW. THREE SOUTHERN CASES - SCREWS V. UNITED STATES (1945), UNITED STATES V. PRICE (1966), AND MILLER V. UNITED STATES (1968) - AND THEIR SUBSEQUENT COURT DECISIONS ARE CITED AS IMPORTANT EXAMPLES OF THE NATURE AND SCOPE OF THE LAW. OFFICIAL JUSTICE DEPARTMENT POLICY ON INVESTIGATION AND PROSECUTION OF CRIMINAL LIABILITY ALLEGATIONS AGAINST THE POLICE IS ALSO OUTLINED. ALSO EXAMINED IS SECTION 995.8 OF THE GOVERNMENT CODE, WHICH DEALS WITH THE CONDITIONS UNDER WHICH AN EMPLOYING AGENCY MAY (ALTHOUGH IT IS NOT REQUIRED TO) PROVIDE FOR THE DEFENSE OF AN EMPLOYEE IN A CRIMINAL PROSECUTION. HIGHLIGHTED IS A 1971 CASE INVOLVING FOUR LOS ANGELES POLICE OFFICERS WHO, IN AN ATTEMPT TO ARREST A MURDER SUSPECT AND AS A RESULT OF AN ERRONEOUS INFORMANT'S TIP, MISTAKENLY SHOT AND KILLED TWO MEXICAN NATIONALS. EMPHASIZED IS THE IMPORTANCE OF THE 'SPECIFIC INTENT' REQUIREMENT OF SECTION 242.