Home > Research Legal Advice > Civil Rights > What's the difference between the things DOJ Civil Rights Division and F...
Asked about 1 year ago - Boston, MA
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In these days we often see the DOJ opens a separate investigation on their own, when FBI is already probing into a (for example) police beating complaint.
Also, my friend complaint about a police department on numerous accounts of multiple beating, false arrest, funding waste, perjury and whistleblower retaliation to the local FBI and the DOJ, with the media coverage and even youtube live clips he found on the internet, citing criminal RICO violations to get federal intervention. The FBI and the DOJ returned no response, but a suspect has stopped updating his tweeter. Does this mean the FBI and the DOJ have started their application? Is it possible that such investigations can be going on without arresting those police officers?
I will defer to my criminal law colleagues for more detail, but any DOJ division is the arm of the Federal govt. that has lawyers to both investigate and then prosecute in court violations of Federal law. FBI agents may be used as their investigators, and probably most usually are, but US Marshalls, customs agents and others do investigations as well depending on the offense. There are also local US Attorney offices that prosecute crimes, and the results of most FBI investigations will go to them for prosecution, unless the FBI is working on that case with DOJ Washington or some other particular Federal agency. So in a nutshell, FBI investigates, DOJ and US Attys. Offices prosecute. One would think that Federal agencies all coordinate their activities, but it is very possible that multiple investigations go on simultaneously or at least on the surface separately, depending on the alleged crime(s), perhaps to be consolidated into one prosecution later. It is also very likely that investigations go on before arrests or suspensions of officials or officers being investigated, perhaps without their knowledge - you have to have probable cause to believe something wrong has taken place before you can arrest, and that requires investigation first. I also suppose that for security reasons in a given case, the complaining party might not be acknowledged or contacted about his/her complaint until the investigation is completed. But if there is a question of whether they are pursuing your complaints, you should contact them.
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