Civil Rights Equality? Or Not?

Is there equality in American Civil Rights Laws?

This group is designed to promote discussion in the existing legislation which provides definition of civil rights violations and punishment for those violations.Specifically specific laws contained in the U.S. Code, 18 USC 241, 18 USC 242, 18 USC 245 and 18 USC 246.These are the framework for criminal prosecution of civil rights violations against U.S. Citi ...learn more

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Created: Oct 09, 2007

Updated: Jan 06, 2008

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Created: Oct 09, 2007
Updated: Oct 09, 2007
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Topic: 18 § 242. Deprivation of rights under color of law

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In working to correct problems, we often without realizing it create other problems which may be just as bad.
In order for these problems to be corrected, we must first look closely at what we have created.

The following is hte exact text from 18 USC 242. Following that is my simple revision which would corrtect the existing problems.


Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

The part that I take issue with is this short text, "on account of such person being an alien, or by reason of his color, or race,"

In order to correct the reverse discrimination which actually does occur the text correction should read as follows:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties,than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;

§ 242 is the basis for criminal prosecution of Police and Official Misconduct.
The problem with this application is that it requires a pattern of activity.

To me this would be like saying that you can not punish a bank robber for robbing just one bank.

A law enforcement officer knows if he is or is not violating a persons rights. If he chooses to do so, then he should be punished. Officials know if they are committing Official Misconduct. If they choose to do so, they should be punished.

Now I wil lsay this. There are many people who cause law enforcement officers to have to use an extreme ammount of force.

I am not speaking of accusations. I am speaking of verifiable offenses. Just as we would no prosecute bank robbers without evidence, we should not punish law enforcement officers without evidence either.

You may ask why I am comparing Law Enforcement Officers with Bank Robbers. I am not.
It is my considered opinion that Law Enforcement Officers who break the law are far worse than bank robbers.

Of course that is simply my own personal opinion and I do not expect others to agree with this.

My opinion is based on this fact. A person chooses to be a Law Enforcement Officer with the knowlege that they accept the responsibility for living a higher standard and answering to a higher standard of accountability.

In short, though they are "only human" they are in fact standing in a much higher zone than the average citizen and have the ability to abuse with greater ease and less examination.

Holding Law Enforcement Officers to a high standard does not bring injustice to the good people who are in Law Enforcement. It simply reduces the number of criminals who wear badges adn guns.
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