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Legal Resources

CRIMINAL VS. CIVIL CASES

Understanding the differences between criminal and civil cases in incidents of police violence is crucial. According to the Department of Justice, criminal cases and civil cases are investigated and handled separately, even if they arise from the same incident. In a criminal case, the government prosecutes the accused individual, requiring evidence that proves guilt "beyond a reasonable doubt." In contrast, civil cases involve action against a governmental authority or law enforcement agency, with evidence needing only to meet the lower standard of a "preponderance of the evidence." The goals also differ: criminal cases focus on holding an individual accountable, often through prison or other penalties, while civil cases aim to reform law enforcement policies and practices found to facilitate misconduct.

PREPARING FOR RETALIATION

Retaliation from law enforcement is a common concern for families seeking police accountability. If you encounter further misconduct, you can file a complaint through the Department of Justice's publication, which enables anyone to report allegations for both criminal and civil enforcement.

BODY CAMERA FOOTAGE AND THE NEED FOR TRANSPARENCY

Access to body camera footage is often critical in cases involving police misconduct. Each law enforcement agency has unique policies and procedures regarding these records. For guidance, consult the Body-Worn Cameras InteractiveDatabase from the National Conference of State Legislatures. Requesting body camera footage promptly is strongly recommended, as it can be vital for courtroom proceedings or raising public awareness about the incident.

National Resources