'The biggest obstacle to federal criminal prosecution of errant
officers...is the specific intent requirement.... Federal prosecutors trying to convict a law enforcement officer who has used excessive force against a civilian must prove not only that the officer unlawfully intended to shoot or beat the individual, but also, that in doing so, the officer had the specific intent to deprive the victim of his or her civil rights. ...If Congress wanted to make it easier for federal prosecutors to prosecute police misconduct cases, it could pass legislation clarifying that the term “willfully” means “intentionally” and does not require any further specific intent to deprive an individual of his or her civil rights or it could amend 18 U.S.C. § 242 by replacing the word “willfully” with the word “intentionally.”'
'The biggest obstacle to federal criminal prosecution of errant
officers...is the specific intent requirement.... Federal prosecutors trying to convict a law enforcement officer who has used excessive force against a civilian must prove not only that the officer unlawfully intended to shoot or beat the individual, but also, that in doing so, the officer had the specific intent to deprive the victim of his or her civil rights. ...If Congress wanted to make it easier for federal prosecutors to prosecute police misconduct cases, it could pass legislation clarifying that the term “willfully” means “intentionally” and does not require any further specific intent to deprive an individual of his or her civil rights or it could amend 18 U.S.C. § 242 by replacing the word “willfully” with the word “intentionally.”'
Cynthia Lee, 'But I Thought He Had a Gun' - Race and Police Use of Deadly Force