Friday, September 15, 2023

Color Of Law Deprived You of a Constitutional Right....? Then this is for you!!

"Section 242 of Title 18 makes it illegal for someone to intentionally violate a person's constitutional rights or legal privileges while acting under the authority of the law." 

The Department of Justice's, Civil Rights Division, states that the "The meaning of Section 242, acts under "color of law" are not only not only done by federal acts, but state, or local officials within their lawful authority use them too," (DOJ). 

DOJ, also statesthat a Violations committed by those in authority under the guise of legal authority, known as the "color of law," are serious offenses that deprive individuals of their constitutional rights. These violations are specifically outlined in statues and include actions such as false arrests, excessive use of force, and discriminatory treatment. It is essential that justice is served in such cases, as those who act without regard for the law erode the trust and integrity of the justice system", (DOJ).     "The offense carries severe consequences that include imprisonment up to a lifetime or death penalty based on the crime's circumstances and its consequences on the victim," (DOJ). 


TITLE 18, U.S.C., SECTION 242

 "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, ... 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," (DOJ). 

 Cite 

Deprivation of rights under color of law, Civil Rights Division (2021), https://www.justice.gov/crt/deprivation-rights-under-color-law (last visited Sep 15, 2023).

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