Color of Law Investigations - federal investigation of police misconduct

FBI Law Enforcement Bulletin,The,  August, 2000  by John R. Schafer

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The vast majority of police officers perform their difficult jobs in a professional manner. However, exceptions do occur. In one instance, an on-duty sheriffs deputy approached a verbally abusive drug addict strapped to a gurney in an emergency room, drew his pistol, placed the barrel of the weapon into the addict's mouth, and threatened to pull the trigger if he did not stop shouting. Police misconduct also encompasses less obvious wrongdoing, such as striking suspects more than necessary or threatening to harm them if they do not cooperate.

Even those officers cleared of wrongdoing often do not understand the color of law investigative protocol and feel unjustly targeted by the U.S. Department of Justice (DOJ) or the FBI, which have jurisdiction in these matters.[1] In order to better comprehend color of law investigations, officers should understand the role of the FBI and DOJ in color of law investigations, the legal guidelines for police misconduct, and the investigative protocol in these cases. More important, officers can take steps to prevent unnecessary color of law investigations.

BACKGROUND

In 1957, President Eisenhower mandated that DOJ prosecute civil rights violations, to include police misconduct, thus, allowing uniform application of civil rights law across the nation. [2] Approximately 74 percent of all civil rights investigations reported each year allege police misconduct. [3] Because state and federal authority for civil rights investigations comes from different statutes, double jeopardy usually does not apply. In fact, dual prosecution may occur because separate sovereigns (i.e., federal and state) may prosecute individuals. One well-known example of dual prosecution occurred when a Los Angeles County Superior Court jury acquitted the four police officers who beat Rodney King. After reviewing the jury's verdict, DOJ elected to charge the officers in federal court with color of law violations.

Approximately 30 attorneys from the DOJ Civil Rights Division and 190 FBI special agents in 56 field offices investigate and prosecute civil rights matters. [4] The most common types of police misconduct include excessive force, sexual assault, intentional false arrest, falsifying evidence, extortion, and other related offenses. Of the nearly 10,000 color of law complaints received each year, DOJ prosecutes only about 30 police officers. [5] The remaining cases either lack prosecutive merit or do not require formal judicial proceedings to resolve. Additionally, these figures do not include police misconduct complaints adjudicated at the state or local level.

COLOR OF LAW STATUTES

The term color of law derives from the federal statute, Title 18, U.S. Code, Section 242, titled "Deprivation of Rights Under Color of Law," which primarily governs police misconduct investigations. This statute makes it a crime for any person acting under the color of law to willfully deprive any individual residing in the United States those rights protected by the Constitution and U.S. laws. Other related federal statutes include Title 18, U.S. Code, Section 241, "Conspiracy Against Rights"; Title 18, U.S. Code, Section 1512, "Obstruction of Justice"; and Title 18, U.S. Code, Section 1001, "False Statements." Federal statutes generally restrict color of law investigations to official actions taken by police officers, federal agents, sheriffs deputies, correctional officers, and other public safety officials. However, off-duty officers who assert their official status also may face prosecution. In rare cases, the actions of security guards, private citizens, judges, defense attorneys, and prosecutors who w illfully participate with federal, state, or local law enforcement officials in the commission of color of law violations fall within the purview of the federal statutes.

Punishment for color of law violations varies depending on the gravity of the offense. Penalties for minor infractions range from probation to 1-year imprisonment, a fine, or both. [6] Under aggravated circumstances, offenders risk the maximum sentence of imprisonment up to 10 years, a fine, or both. If loss of life occurs as a result of intentional police misconduct, the officer could face the death penalty. [7]

INVESTIGATIVE PROTOCOL

Color of law investigations comprise two categories--criminal wrongdoing and pattern-and-practice misconduct. Criminal wrongdoing focuses on individual misconduct, while pattern-and-practice misconduct leads to civil proceedings and examines systemic misconduct in law enforcement agencies. Police officers wontedly using traffic stops as a tool of intimidation to discourage minorities from entering town illustrates pattern-and-practice misconduct. To sustain this type of misconduct, the actions of officers in a department must prove pervasive. The Special Litigation Section of DOJ's Civil Rights Division investigates most pattern-and-practice violations.

Criminal matters require proof beyond a reasonable doubt; however, civil proceedings need only establish the preponderance of the evidence--a lower standard of proof. [8] Punishment for criminal wrongdoing is imprisonment, a fine, or both. In civil proceedings, a judge orders the police department to correct any deficiencies in their administrative, training, or policy procedures.