Question: If local police decline to arrest and prosecute Wilson, can the feds do it?

[Avalux]

I know that they've sent FBI agents to Ferguson, and I know the DOJ has ordered their own autopsy. But is there a law in place that will allow the feds to intervene if the prosecutor decides to not press charges?

[avebury]

1. Yes

Excessive force is a civil rights violation which places it in the realm of the Feds.

[Avalux]

6. Thank you. n/t

[The Velveteen Ocelot]

2. Not for murder or manslaughter as such, but they can prosecute as a civil rights violation.

[Avalux]

7. Gracias! n/t

[MineralMan]

3. They can on civil rights law violations.

They can't prosecute for murder or manslaughter, though. Those are state crimes. Whether they will prosecute or not, though, will depend on what the state chooses to do. If the state prosecutes, the feds probably won't.

It's been done on more than one occasion.

[Avalux]

8. This could take awhile then....

I would expect the state would do it first. Would the state crime be murder/manslaughter or a civil rights offense as with the feds?

[Manifestor_of_Light]

4. Yep, separate jurisdictions.

Federal charges would be a civil rights violation.


P.S. My law degree was not a prize in a box of Cracker Jack.

[Avalux]

9. Since you're legitimate (hee hee)

The civil rights violation....what would be the punishment? Would it be equivocal to murder/manslaughter?

[lancer78]

13. Depends if the feds

can show Wilson INTENDED to deprive Brown of his civil rights. If the feds can show that, and since a death was caused, the prison term CAN be up to death penalty I think.

[badtoworse]

5. Good post on DU addresses this question

http://www.democraticunderground.com/10025405198

The answer is Yes, but it's rare for the DOJ to take such a case and the standard for a conviction is very high.

[Avalux]

10. Thank you for the link. n/t

[malthaussen]

14. Yep, excellent link.

Maddening as the legal facts may be.

-- Mal

[HooptieWagon]

11. Not for murder, since its not a Federal crime.

A Federal civil rights prosecution is possible, but such cases are very difficult to win, especially without a murder conviction from the State.
Perhaps a more effective tactic would be a broad investigation of the police and DAs office for violations of civil rights. Such an investigation (and accompanying spotlight) might force PD and DAs office to clean up their acts.

[hlthe2b]

12. Only on civil rights charges--not on murder/manslaughter.

and civil rights charges are not easy to gain a conviction on...

[malthaussen]

15. Neither is murder/manslaughter, for that matter.

Since the defendant would be a cop.

-- Mal