Civil Rights Prosecution

 

To reduce police and other official criminal misconduct, to reduce violent activity by private citizens (including organized hate groups) against others because of their race, religion, national origin, sexual orientation, gender identity, disability, or sex(including church arson); and to curtail acts of modern-day slavery and violent interference with access to reproductive health care.

General information about this opportunity
Last Known Status
Active
Program Number
16.109
Federal Agency/Office
Agency: Department of Justice
Office: Civil Rights Division
Type(s) of Assistance Offered
PROJECT GRANTS
Program Accomplishments
Not Applicable.
Authorization
18 U.S.C. 241, 242, 245, 247, 248, 1581, 1583, 1584, 1589, 1590, 1592; 1594; 42 U.S.C. 3631.
Who is eligible to apply/benefit from this assistance?
Applicant Eligibility
All persons regardless of citizenship or immigration status.
Beneficiary Eligibility
All persons regardless of citizenship or immigration status.
Credentials/Documentation
Individuals alleging deprivation of their civil rights should provide information describing the sequence of events (including the type of force or coercion involved), the date of the incident, the names of identifiable perpetrators, involved law enforcement officers and witnesses, a description of any physical injuries and medical treatment, if needed, and the nature of work being forced (if applicable). This program is excluded from coverage under OMB Circular No. A-87. This program is excluded from coverage under OMB Circular No. A-87.
What is the process for applying and being award this assistance?
Pre-Application Procedure
Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Contact the Criminal Section, Civil Rights Division directly, the local office of the Federal Bureau of Investigation, the local U.S. Attorney's Office.
Award Procedure
Complaints alleging deprivation of Civil Rights are reviewed and, in cases that are investigated by the FBI or other federal investigative agencies, 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
Not Applicable.
Approval/Disapproval Decision Time
Initial complaints that are reviewed and deemed inappropriate for investigation are generally reviewed within three 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 applicable statute of limitations, the Section will review the complaint again in light of that new information.
Renewals
Not Applicable.
How are proposals selected?
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, national origin, sexual orientation, gender identity, disability, or sex (as enumerated in 18 U.S.C. 249, 245 (b)(2)(A) through (F)) and 42 U.S.C. 3631; (4) in cases motivated by sexual orientation, gender identity, sex, and some religions, that the offense was in or affecting interstate commerce, or that the offense occurred in the Special Maritime and Territorial Jurisdiction of the United States; and (4) finally, the defendant must have acted willfully. The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009: 18 U.S.C. ยง 249. also provides federal funding and technical assistance to state, local, and tribal jurisdictions to help them to more effectively investigate and prosecute hate crimes. Human trafficking/ involuntary servitude 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. Forced labor: (1) defendant did, or attempted to, provide or obtain the labor or services of a person, (2) defendants used either threats of serious harm to, or physical restraint against, that person or another person; used a scheme, plan, or pattern intended to cause the person to believe that non-performance would result in serious harm to, or physical restraint against, that person or another person; or abused or threatened abuse of the law or legal process, and (3) defendant acted knowingly. Sex Trafficking: (1) a person provided or obtained commercial sex of another person; (2) defendants used either threats of serious harm to, or physical restraint against, that person or another person; used a scheme, plan, or pattern intended to cause the person to believe that non-performance would result in serious harm to, or physical restraint against, that person or another person; or abused or threatened abuse of the law or legal process, and (3) defendant acted knowingly. Reproductive health clinic access cases: (1) facility providing reproductive health services; (2) defendant used force, threat of force, or physical obstruction; (3) defendant intended or attempted to injure, intimidate, or interfere with; and (4) someone providing or obtaining reproductive health services.
How may assistance be used?
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 human trafficking statutes that protect US Citizens and lawful and unlawful immigrants, 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.
What are the requirements after being awarded this opportunity?
Reporting
Not Applicable.
Auditing
Not Applicable.
Records
Not applicable.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Not applicable. See the following for information on how assistance is awarded/released: Not applicable. See the following for information on how assistance is awarded/released: Not applicable.
Who do I contact about this opportunity?
Regional or Local Office
See Regional Agency Offices. Local U.S. Attorney's Office and Federal Bureau of Investigation.
Headquarters Office
Department of Justice, Civil Rights Division, Criminal Section, Washington, District of Columbia 20530 Phone: (202) 514-3204. Contact: Office
Website Address
http://www.usdoj.gov/crt/crim/index.html .
Financial Information
Account Identification
15-0128-0-1-752.
Obligations
(Salaries) FY 11 $12,336,023; FY 12 est $12,131,862; and FY 13 Estimate Not Available
Range and Average of Financial Assistance
No Data Available.
Regulations, Guidelines and Literature
U.S. Attorneys' Manual, Title 8, Chapter 3 Sentencing Guidelines; Attorney General Guidelines for Victim and Witness Assistance.
Examples of Funded Projects
Fiscal Year 2011: No Current Data Available Fiscal Year 2012: No Current Data Available Fiscal Year 2013: No Current Data Available

 



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