To reduce significantly police and other official
criminal misconduct, and to eliminate or substantially reduce violent activity
by private citizens (including organized hate groups) against others because
of their race, religion, national origin, or sex, which interferes with the
Federal and constitutional rights of individuals.
TYPES OF ASSISTANCE:
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The Section prosecutes cases of national significance involving the
deprivation of personal liberties which either cannot be, or are not,
sufficiently addressed by State or local authorities. Its jurisdiction
includes acts of racial violence, misconduct by local, State, or Federal law
enforcement officials, violations of the peonage and involuntary servitude
statutes that protect migrant workers and others held in bondage and
violations of the Freedom of Access to Clinic Entrances Act. The Section
ensures that complaints are reviewed on a timely basis for investigation and
potential prosecution.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: All persons.
Beneficiary Eligibility: All persons.
Credentials/Documentation: Individuals alleging
deprivation of their civil rights should provide information describing the
sequence of events, the date of the incident, the names of involved law
enforcement officers and witnesses, and a description of any physical injuries
and medical treatment, if needed.
Pre-application Coordination: None. This program is
excluded from coverage under E.O. 12372.
Application Procedure: Contact the Criminal
Section, Civil Rights Division directly, the local office of the Federal
Bureau of Investigation, or the local U.S. Attorney's Office.
Award Procedure: Complaints alleging deprivation
of civil rights are reviewed and, in those cases involving complaints of
official abuse that are investigated by the FBI, the individual is notified in
writing of the outcome of that review, whether it be to decline investigation
or prosecution or to seek an indictment.
Deadlines: The Federal criminal civil rights
statutes have a 5-year statute of limitations.
Range of Approval/Disapproval Time: Initial
complaints that are reviewed and deemed inappropriate for investigation are
generally reviewed within 3 months of their being received. Investigated
complaints in which prosecution is sought are usually resolved within a year
of the indictment.
Appeals: If new information, not considered by
the Section in its original review of complaints for investigation and
prosecution, is made available within the 5-year statute of limitations, the
Section will review the complaint again in light of that new information.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification: 15-0128-0-1-752.
Obligations: (Salaries and Expenses) FY 01
$10,160,000; FY 02 est $11,654,000; and FY 03 est $12,714,000.
Range and Average of Financial Assistance: Not
applicable.
(Criminal Section) During fiscal year 2001, the Criminal Section filed a total
of 93 cases charging 191 defendants in cases involving official misconduct,
racial violence/hate crimes, human trafficking/ involuntary servitude, church
burnings, and the Freedom of Access to Clinic Entrances Act (FACE). Trials
were conducted in 21 cases resulting in the conviction of 18 defendants and
the acquittal of 13. In addition, guilty pleas were entered by 101 defendants.
REGULATIONS, GUIDELINES, AND LITERATURE:
U.S. Attorneys' Manual, Title 8, Chapter 3 Sentencing Guidelines.
INFORMATION CONTACTS:
Regional or Local Office: Local U.S. Attorney's
Office and Federal Bureau of Investigation.
Headquarters Office: Department of Justice, Civil
Rights Division, Criminal Section, Washington, DC 20530. Telephone: (202)
514-3204. Contact: Office of Public Affairs. Telephone: (Voice) (202)
514-2007; (TDD) (202) 514-1888.
Web Site Address: http://www.usdoj.gov/crt/crim/index.html.
EXAMPLES OF FUNDED PROJECTS:
See Program Accomplishments.
CRITERIA FOR SELECTING PROPOSALS:
Each statute has elements of the offense that must be met in order for there
to be Federal jurisdiction. Furthermore, there must be evidence to prove
beyond a reasonable doubt that a violation occurred. Official misconduct
cases: (1) the defendant must have been acting under color of the law, that
is, while using or misusing power possessed by reason of the law (Private
citizens jointly engaged with State officials, who are themselves acting under
color of the law, in prohibited activity, are acting under color of law for
purposes of Section 242.); (2) the conduct of the defendant must have deprived
the victim of some right secured or protected by the Constitution or laws of
the United States; and (3) there must have been an intent on the part of the
defendant willfully to subject the victim to the deprivation of the right
described above. Racial violence cases: (1) the defendant must have acted with
force or the threat of force; (2) the defendant must have injured,
intimidated, or interfered with or attempted to injure, intimidate or
interfere with the victim; (3) the defendant must have acted because of the
victim's race, color, religion or national origin and because the victim was
participating or engaged in a federally protected activity (as enumerated in
18 U.S.C. 245 (b)(2)(A) through (F)) and 42 U.S.C. 3631; and (4) finally, the
defendant must have acted willfully. Slavery cases: (1) a person must be made
to work against his will by the defendant; (2) the period of involuntary
servitude must be for a "term"; (3) the defendant must have caused
the involuntary servitude by his acts; and (4) the defendant must have
intended to cause involuntary service by his acts. Reproductive health clinic
access cases: (1) facility providing reproductive health services; (2) force,
threat of force, or physical obstruction; (3) intent or attempt to injure,
intimidate, or interfere with; and (4) providing or obtaining reproductive
health services.
