Federal civil rights charges against Wilson vs. Zimmerman?

[Tommy_Carcetti]

The prospect of potential federal civil rights charges against Darren Wilson has been tempered by many on the grounds that the Justice Department has not filed any civil rights charges against George Zimmerman for the shooting death of Trayvon Martin to date.

However, I wonder if Wilson's situation might make him more likely to face charges.

Whereas Zimmerman was a private citizen, Wilson was a sworn police officer with official powers. I think the Justice Department might have been more hesitant to go after a private citizen for civil rights violations, but I think they might be more apt to act against a law enforcement officer. After all, we did see civil rights charges filed against the officers in the Rodney King beating.

Am I correct in this assessment?

[hack89]

1. The Rodney King beating was video taped

so it was easy to prove that the police acted illegally. The Brown case is completely different - too many conflicting stories with no smoking gun.

Federal charges might be possible but I don't think it will be easier just because Wilson is a cop.

[GGJohn]

2. Hard to say.

The DoJ has to prove that there was a racial motive by Wilson when he shot Brown, so far, I haven't heard anything about any racial motive.
The bar for civil rights charges is set very high, rightly so, and it will, IMO, be very difficult for the DoJ to bring any charges, but at least they're still investigating.

[JI7]

3. in both cases the police cover for the shooter

[branford]

4. The available evidence will be the determining factor in any federal indictment or prosecution.

It is very difficult for the federal government to prevail in any civil rights action. They basically have to prove all elements of the underlying crime, in this case murder, and additional factors such as the defendant acted intentionally to deprive the victim of their civil rights. Even in the Rodney King federal action, where there was a heinous video, the government was not able to procure convictions against all the officers.

When there is a substantive evidence backing the potential defendants account that could very well exonerate them in a more basic murder trial, the chances of willing a federal case are minimal.

Unless the DOJ feels very confident that they will prevail in a civil rights action, they are unlikely to even bring charges. No prosecutor, state or federal, likes to lose, but a federal loss would further weaken the already tenuous threat of federal action in future cases.

Given the leaks about the weakness of weakness of any federal case, little demonstrative and vocal efforts to contradict the prevailing wisdom that a federal case is unlikely, and the fact that much of the forensic evidence and some testimony back Wilson's account of what happened, I would not bet that a federal action will be commenced.

[noiretextatique]

5. unless it can be proven

That Wilson did have KKK affiliations, there will be no federal indictment. Conservatives gutted discrimination law so much that it is very hard to prove now. Not a good thing, as someone else posted...just another tool for the status quo.

[Recursion]

7. Well, if it could be proven that the initial stop was based on profiling, it's possible

Unfortunately Brown and Johnson were in fact jaywalking, so that will be difficult, as absurd as that seems.

[branford]

8. How and when did conservatives (or anyone else) gut federal criminal civil rights laws

and established court jurisprudence that dates back to Reconstruction?

Nothing about the relevant laws and interpretation have changed much in many, many years. It has always been very difficult for the federal government to bring, no less prevail, in criminal civil rights actions, particularly since the end of Jim Crow laws that expressly discriminated against blacks or prevented their service on juries as a matter of law.

The federal government cannot simply retry defendants for the exact same crimes as charged by the state due to jurisdictional concerns, double jeopardy issues, and similar protections.

[Recursion]

6. Zimmerman wasn't an LEO. there wasn't really a Federal aspect there

Wilson is an LEO.