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State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman

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This article suggests ways that Department of Justice Attorneys who prosecute state and local law enforcement officers for violation of civil rights under 18 USC §§ 241 and 242 could use state laws that permit revocation of law enforcement officers’ licenses. Whereas federal criminal convictions of non-law enforcement defendants are close to 100%, statistics indicate that when law enforcement officers are go to trial in federal court, the conviction rate is closer to 50%. Thus, if a jury is unlikely to convict because of its natural sympathies towards the officer, prosecutor should seriously consider permitting the officer to agree to …