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Thread: 1 USC vs another

  1. #1
    Regular Member self preservation's Avatar
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    1 USC vs another

    Can anyone tell me the difference in
    42 USC 1983 vs 18 USC 242
    and
    42 USC 1985 vs 18 USC 241

    I see the 42's mentioned all the time but I have never seen the 18's mentioned. They sound the same to me but I'm sure they are different and would be used in different situations.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  2. #2
    Herr Heckler Koch
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    Title 42 of the United States Code deals with social issues. Title 18 is Federal Criminal and Penal code of the US.

  3. #3
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Herr Heckler Koch View Post
    Title 42 of the United States Code deals with social issues. Title 18 is Federal Criminal and Penal code of the US.
    Learn somthing new everyday. So 42 apllies to us more than 18? Can you give an example of an 18 situation vs a 42 situation?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  4. #4
    Regular Member hotrod's Avatar
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    Quote Originally Posted by self preservation View Post
    Learn somthing new everyday. So 42 apllies to us more than 18? Can you give an example of an 18 situation vs a 42 situation?
    Title 18USC242 is how the officers that beat Rodney King were charged with a crime. 42USC1983 is the title Rodney King sued the police for the violation of his civil rights.
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  5. #5
    Regular Member self preservation's Avatar
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    Quote Originally Posted by hotrod View Post
    Title 18USC242 is how the officers that beat Rodney King were charged with a crime. 42USC1983 is the title Rodney King sued the police for the violation of his civil rights.
    So 18 is criminal and 42 is civil? is that right? We never discuss the 18's....only the 42's. But would an 18 apply to, lets say a LEO for the illegal seizure of a firearm?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  6. #6
    Herr Heckler Koch
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    What are the elements of the crime, all must be met? If you write it properly any search engine worth a shot will give a proper link URL.

    18 usc 242

  7. #7
    Accomplished Advocate color of law's Avatar
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    A Title 42 case is the method citizens use to civilly sue a state or federal actor who violated the citizen's rights.

    A Title 18 case is the method the federal government use to criminally prosecute a state or federal actor who violated a citizen;s rights.

  8. #8
    Regular Member self preservation's Avatar
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    Quote Originally Posted by color of law View Post
    A Title 42 case is the method citizens use to civilly sue a state or federal actor who violated the citizen's rights.

    A Title 18 case is the method the federal government use to criminally prosecute a state or federal actor who violated a citizen;s rights.
    Interesting..... So we peons can't file an 18? That must be done from a higher authority? At the end of the day it may not amount to a huge pile of sh!t if I know this stuff or not, but does it really hurt to know more? Imagine how many injustices would have been dealt with if people only knew that the law allowed them options...
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  9. #9
    Herr Heckler Koch
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    A citizen cannot directly bring criminal charges, that's a privilege left to the sovereign-state. A citizen may swear out a complaint much as a cop only recommends charges to the state prosecutor.

  10. #10
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Herr Heckler Koch View Post
    A citizen cannot directly bring criminal charges, that's a privilege left to the sovereign-state. A citizen may swear out a complaint much as a cop only recommends charges to the state prosecutor.
    Understood... You dont hear much about people bringing 1983 and alike suits against "the powers to be" very often. Either there are not a lot of deprivation of rights (I bet they happen right here in KY everyday) that happen, people straight up dont know that they have been deprived or the cost of these suits keep people from enjoying these laws benefits. I have heard that 42 suits cost 10's of thousands of dollars. Do you think that's what keep people from bring these types of suits against a wrongdoer?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  11. #11
    Herr Heckler Koch
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    Quote Originally Posted by self preservation View Post
    I have heard that 42 suits cost 10's of thousands of dollars. Do you think that's what keep people from bring these types of suits against a wrongdoer?
    10's of thousands of dollar$? No. It is due to the same ignorance as surrounds FOIA demands. The law is an ass that lawyers ride to work.

    My state's FOIA accepts a plain language phone call. A verified complaint to the district attorney works wonders.

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