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Government Prosecution of Criminal Civil Rights Violations Q & A


These programs have been established in every state and receive federal grants from a fund consisting of fines paid by convicted defendants nationwide.

Q. Can a victim receive monetary compensation as the result of a criminal case?

A. If a defendant is convicted as the result of a federal criminal civil rights prosecution, the government will ask the court to order restitution to be paid to the victim where it is permitted by law and appropriate to the facts of the case.

Q. Will the federal government represent me in a lawsuit against the defendant?

A. The United States government cannot represent a victim in a civil suit arising out of a criminal civil rights violation. Victims may contact a private attorney to pursue a civil action even if there has been a federal prosecution for the same incident.

Q. Do all federal criminal civil rights violations require racial, religious, or ethnic hatred? If not, what does "color of law" mean?

A. Official misconduct and slavery cases (such as police beatings and migrant worker exploitation) do NOT require that the law enforcement officer or exploiter have acted out of hatred for the victim because of the victim's race, national origin, color, or religion. However, there are several laws that do require that the unlawful acts be based upon such a discriminatory motivation. These include housing and religious interference or acts intended to prevent an individual from enjoying certain federal rights (voting, employment, use of public facilities or access to health care [gender]).

"Color of law" is a legal term used in official misconduct cases. It means that the law enforcement officer acted while abusing the authority given to him or her by reason of his or her employment as a public official.

From the U.S. Department of Justice


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