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Government Prosecution of Criminal Civil Rights Violations Q & A

Below, you'll find the answers to the following frequently asked questions (FAQs) about the government's prosecution of civil rights violations.

  • What are the differences between a civil and a criminal civil rights violation?
  • If there is no violence or threat of violence, who should I contact?
  • What do I do when my civil rights have been violated?
  • Where should I report civil rights violations?
  • Is there a cost involved in making a complaint?
  • What help can I receive if I'm a victim of a civil rights violation?
  • Can I get monetary compensation as a result of a criminal case?
  • Will the federal government represent me in a lawsuit against the defendant?
  • Do all federal criminal civil rights violations require racial, religious, or ethnic hatred? If not, what does 'color of law' mean?
  • Contact a local attorney

What are the differences between a civil and a criminal civil rights violation?

A criminal violation requires the use or threat of force. Other distinctions between criminal and civil cases brought by the government are:

Criminal Civil

Who is charged: Accused person Usually, an organization

Standard of proof: Beyond a reasonable doubt Preponderance of evidence

Fact finder: Jury Judge

Victim: Identified individuals Individuals and/or representatives of a group or class

Remedy sought: Prison, fines, restitution, community service Correct policies and practices, relief for individuals

Government's right to appeal: Very limited Yes

Courts investigate and prosecute criminal cases differently from civil lawsuits. A prosecutor needs more and stronger evidence to get a criminal conviction than a plaintiff needs to win a civil suit. In a criminal case, the government cannot appeal. A federal criminal conviction also requires a unanimous decision by 12 jurors or a judge if the defendant chooses not to have a jury. Judges usually hear civil cases, often initiated by the attorney general's office, but a jury occasionally decides the case.

Parties can resolve criminal and civil cases without a trial if they agree and with the judge's consent. They use a plea agreement in a criminal case or a consent decree in a civil suit. In criminal cases, judges must use the Federal Sentencing Guidelines in determining the defendant's punishment. In contrast, judges in civil suits may or may not adopt remedies the government recommends when it wins.

If there is no violence or threat of violence, who should I contact?

You should submit complaints in writing to the Department of Justice Civil Rights Division if there is no violence. The Civil Rights Division enforces federal laws on discrimination. The laws around civil rights come from the Constitution, Congress, or Supreme Court decisions. The office will forward the complaint to the appropriate section for review. The Division's mailing address is:

Civil Rights Division, U.S. Department of Justice, 950 Pennsylvania Ave., NW, Washington, D.C. 20530

What do I do when my civil rights have been violated?

If you have enough first-hand information about the incident, you can report possible violations on your own or on behalf of others, such as family members. The information should include the following:

  • Names of the victims, any witnesses, and the perpetrators (if known)
  • A description of the events
  • Whether there were any physical injuries or physical damage
  • Your contact information

The office prefers complaints in writing. But sometimes a telephone complaint is appropriate. This is usually the case if there is an immediate danger.

Where should I report civil rights violations?

Many state and federal agencies respond to civil rights violations. Sometimes, local agencies respond to complaints, too. The type of crime you report determines what agency is most appropriate. Federal law enforcement agencies generally conduct investigations. Sometimes, other agencies also get involved.

Report hate crimes to the following:

Report health care provider access interference to the following:

Report involuntary servitude, human trafficking, or migrant worker exploitation to:

Report housing interference to:

Report official misconduct, religious interference, or property damage to your local FBI field office. Report workplace discrimination to the Equal Employment Opportunity Commission (EEOC).

If you're unable to locate the appropriate office listed above, you can send your complaint in writing directly to the Criminal Section at the following address:

Criminal Section Civil Rights Division, U.S. Department of Justice, P.O. Box 66018, Washington, D.C. 20035-6018

The DOJ will send a referral to the appropriate government agency.

Is there a cost involved in making a complaint?

There is no fee to file a complaint as a private citizen.

What help can I get if I'm a victim of a civil rights violation?

During a federal criminal civil rights investigation, you might get compensation as the victim. A court order can compensate you for things like:

  • Medical and mental health treatment
  • Funerals
  • Lost wages
  • Crime scene clean-up
  • Other help from various local government and private agencies

Each state has eligibility requirements for compensation, usually requiring the victim to promptly report the incident and cooperate with the police and prosecutors.

Can I get monetary compensation as a result of a criminal case?

If the court convicts someone due to a federal criminal civil rights prosecution, the government will ask the court to order them to pay restitution to the victim, depending on the facts of the case. Restitution pays for damage.

Will the federal government represent me in a lawsuit against the defendant?

The U.S. government can't represent a victim in a civil suit arising from a criminal civil rights violation. If you're a victim, you can contact a private attorney to pursue civil action, even if there was a federal prosecution for the same incident.

Do all federal criminal civil rights violations require racial, religious, or ethnic hatred? If not, what does 'color of law' mean?

Official misconduct and cases involving police beatings and migrant worker exploitation don't require that the law enforcement officer or exploiter have acted out of hatred for the victim because of the victim's race, national origin, color, or religion.

But, several civil rights laws require that the unlawful acts be based on discrimination. These include housing and religious interference or actions intended to prevent someone from enjoying certain federal rights. Those federal rights include:

  • Voting
  • Employment
  • Use of public facilities
  • Access to healthcare

"Color of law" is a legal phrase in official misconduct cases. It means that a law enforcement officer acted under "color of law" while abusing their authority as a public official.

Contact a Local Attorney About Your Criminal Civil Rights Claim

Have you experienced a civil rights violation on the basis of race, sexual orientation, or another protected factor? You can file complaints based on whether there is a criminal or civil violation. You don't need to tolerate unlawful discrimination.

A civil rights attorney knows the difference between civil and criminal civil rights violations and can give you legal advice and additional information. Find a civil rights attorney in your area to get legal counsel, learn more about your state's laws, or get help contacting state agencies. You can also contact your local bar association for help.

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