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1 Protecting against Police Brutality and Official Misconduct: Statutory Language for a More Robust Federal Criminal Civil Rights Law 1 (2021)

handle is hein.brennan/bcpapmscd0001 and id is 1 raw text is: Protecting Against Police Brutality and Official Misconduct Statutory Language for a More Robust Federal Criminal Civil Rights Law PUBLISHED APRIL 29,2021 For almost all incidents involving violence by law enforcement officials (including police, federal agents, and probation and correctional officers), there is one federal criminal law that applies: 18 U.S.C. § 242. But federal prose- cutors face obstacles due to the law's vague language and lack of clarity about what conduct is illegal. The current stan- dard for criminal intent is also difficult to meet. Congress should enact new statutory language to better protect the constitutional rights of all people who come into contact with law enforcement and other public officials. The statutory text proposed here would create a more protective civil rights framework by specifically prohibiting three espe- cially egregious types of official misconduct - excessive use of force, sexual contact involving a public official, and delib- erate indifference to the medical needs of people in custody - and by lowering the standard of intent to prove a violation. This proposal does not advocate for the repeal of the current version of § 242, which covers a broader range of possible rights violations. Instead, it recommends additional language, which could be either a new subsection within § 242 or a new section of Title 18. As discussed in the accompanying report, before passing a new civil rights law, Congress must make detailed findings that the statute will address the harm that it is working to prevent or remedy. Backed by such a record, an amended § 242 will be a powerful tool to address breaches of public trust and deter law enforcement brutality. 1 Brennan Center for Justice

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