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To: Ken H

Color of law only means “by the police officer.” And, as I have tried to tell you about 4 times, there is a second part which requires that the murder be committed in order to deprive the victim of a Constitutional right. Others like yourself have argued that a person has a Constitutional right to live. However, the Supreme Court disagrees. 18 USC 242 was enacted as a Reconstruction Era civil rights statute and has always been interpreted that way. A simple murder by a police officer is not a violation of 18 USC 242.


138 posted on 04/09/2015 11:44:26 AM PDT by anton
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To: anton
And, as I have tried to tell you about 4 times, there is a second part which requires that the murder be committed in order to deprive the victim of a Constitutional right.

Nope. Murder by itself under color of law is enough to invoke the statute, no motivation is required. Motivation would only come into play with the second clause. The first clause is independent of the second. Note the 'OR' between the 2 clauses =>

__________________________________________________________________

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,

OR

to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;

139 posted on 04/09/2015 11:58:53 AM PDT by Ken H
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