Grant Community.com

Catalog of Federal Domestic Assistance

Program Descriptions

16.109:  Civil Rights Prosecution

Popular Name:  Criminal Section

Objectives:  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.

PROGRAM AND AWARD	FINANCIAL AND INFORMATION CONTACTS
ELIGIBILITY REQUIREMENTS	FINANCIAL AND ADMINISTRATIVE INFO.
APPLICATION AND AWARD PROCESS	INFORMATION CONTACTS
RELATED PROGRAMS	ASSISTANCE CONSIDERATIONS
PROGRAM ACCOMPLISHMENTS	POST ASSISTANCE REQUIREMENTS

16.109 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.

16.109 APPLICATION AND AWARD PROCESS:

Preapplication 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.

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.

Examples of Funded Projects:  See Program Accomplishments.

Range and Average of Financial Assistance:  Not applicable.

16.109 RELATED PROGRAMS:

16.109 PROGRAM ACCOMPLISHMENTS:

16.109 FINANCIAL AND ADMINISTRATIVE INFO:

Federal Agency:  CRIMINAL SECTION, CIVIL RIGHTS DIVISION, DEPARTMENT OF JUSTICE

Type of Assistance:  Investigation of Complaints.

Obligations:  (Salaries and Expenses) FY 99 $6,634,000; FY 00 est $8,385,000; and FY 01 est $10,434,000.

Budget Account Number:  15-0128-0-1-752.

Authorization:  18 U.S.C. 241, 242, 245, 247, 248, 1581, 1583, 1584; 42 U.S.C. 3631.

Regulations, Guidelines, and Literature:  U.S. Attorneys' Manual, Title 8, Chapter 3 Sentencing Guidelines.

16.109 INFO CONTACTS:

Regional or Local Office:  Local U.S. Attorney's Office and Federal Bureau of Investigation.

Headquarters Office:  Chief, Criminal Section, Civil Rights Division, Department of Justice, P.O. Box 66018, Washington, DC 20035-6018. Phone: (202) 514-3204. Contact: Office of Public Affairs. Phone: (Voice) (202) 514-2007; (TDD) (202) 514-1888. Website address: "www.usdoj.gov/crt/crim/index.html".

(See Appendix IV for more contact info.)

16.109 ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:  Not applicable.

Length and Time Phasing of Assistance:  Not applicable.

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.

16.109 POST ASSISTANCE REQUIREMENTS:

Reports:  Not applicable.

Audits:  Not applicable.

Records:  Not applicable.