Understanding and Prosecuting Official Misconduct Crimes Under 18 U.S.C. 242.

This program will provide an introduction on prosecuting official misconduct under 18 U.S.C. 242. This course will start with an introduction to Section 242 and its historical context.  The course will next explain the elements of Section 242, focusing on what it means to act "under color of law" and to act "willfully." We will then discuss the types of Section 242 violations, organized by the constitutional right violated: Fourth Amendment, Eighth Amendment, Fourteenth Amendment, and First Amendment. This program will benefit criminal law attorneys, civil rights attorneys, and any attorneys working with clients who have a lot of contact with law enforcement.


Learning Objectives: 

1. Identify the constitutional authority for 18 U.S.C. 242 and the historical context for the law

2. Review what "color of law" and "willfulness" mean in the context of a Section 242 violations

3. Apply the elements of Section 242 based on the constitutional right at issue

4. Discuss the difference between a criminal Section 242 violation and a Section 1983 claim