NCJ Number
94866
Journal
Journal of Criminal Law and Criminology Volume: 75 Issue: 1 Dated: (Spring 1984) Pages: 103-138
Date Published
1984
Length
36 pages
Annotation
The most effective approach to deter racial violence and punish its perpetrators is a two-tiered system of enforcement that combines Federal prosecution and civil remedies with improvements in State legislation and enforcement systems.
Abstract
Many State laws attempt to restrict both the violent and nonviolent activities of extremist groups, rather than focusing directly on their violent activities. Antimask statutes and laws restricting meeting activities raise serious first amendment questions. The constitutional rights of Klan members and Nazis to freedom of expression and association may well limit the effectiveness of legislative efforts to curtail their activities. While long-term improvements in State enforcement systems can and should be made, immediate remedies for racial violence and intimidation are available under the Federal civil rights statutes. Since the mid-1970's, the Department of Justice has increased the number of prosecutions brought against private defendants under the Federal civil rights statutes, and calls for more vigorous enforcement continue. However, Federal criminal civil rights statutes are limited; they can only punish the perpetrators of harm after the fact and can only be enforced by the Federal Government, not by private parties. Suits brought by private plaintiffs under the civil sections of the Federal civil rights acts can prevent racial violence, enjoin racial harassment, or compensate the victims of racial violence and intimidation. Although Federal civil rights acts provide adequate remedies to supplement deficient State legal systems, they are inadequately enforced by the Department of Justice and the public. Federal remedies should be vigorously enforced, and efforts to improve public awareness and education on civil rights issues should be conducted. A total of 233 footnotes are included.