Federal Responsibility for Police Accountability Through Criminal Prosecution

Federal criminal prosecution of law enforcement officers’ violations of individuals’ civil rights is a traditional way to remedy law enforcement misconduct. The U.S. Department of Justice has significant interactions with state and local officials in these processes. There was increased emphasis on U.S. Department of Justice Civil Rights Division, Criminal Section law enforcement criminal prosecutions in the last five years of the period from fiscal year 1985 to fiscal year 2001. Patterns of Criminal Section behavior are observed during this seventeen-year period and the most recent five years.

This article demonstrates structural and legal problems faced by federal prosecutors bringing suit against law enforcement officials under 18 U.S.C. §§ 241 and 242.