Civil rights defined is “The United States of America's court-mandated protection from forms of unequal therapies based on race, gender, religion, sex, and more.” The central foundation of our country lies within the freedom to choose without influence from the government, so long as our acts fall within the legal ramifications established by our founding fathers and legislators today. Without the proper skill set, you may find yourself in the middle of a civil rights issue and looking for a civil rights lawyer.
Historically, civil rights referred to the activity in our nation led by African-Americans looking for equal treatment from various other ethnicities, specifically Caucasians. To comprehend this problem, one should keep in mind the decades of previous enslavement led by white men towards African-Americans. Servants instantly lost their birthrights of freedom and choice upon their forced enrolling into slavery, which proclaimed them a piece of property.
Around the same era, other civil rights movements started to gain traction, such as the Voting Rights Act, the Americans with Disabilities Act, and the Age Discrimination Act. Each movement further concentrated on customized civil rights within the law. Civil rights stem from federal legislation in addition to federal court decisions, referred to as "case law." Famous cases such as Brown v. Board of Education declared problems of racism "unconstitutional" after its hearing, and its decision remains today.
More than a decade ago, our country faced an assault from a foreign nation's terrorist group, which cost many men and women their lives and eventually led to war in the Middle East. 9/11 triggered modern condemnation of minorities when New York was struck with several suicide planes in the World Trade Center towers. An uncanny justification of discrimination ended up being the norm, so, in response, the U.S. Department of Justice put a plan in place to help prevent retaliation against minority communities. An entire website was created to provide information for preventing and reporting prejudiced reactions.
A regrettable problem that occurs in current times includes instances of police abuse/brutality toward ordinary citizens. Most famously, the murder of African-American George Floyd by a Minneapolis law enforcement officer who kneeled on Floyd's neck for nine minutes and 29 seconds. Additionally, another well-known catastrophe occurred in Louisville, Kentucky, when Breonna Taylor, a black medical employee, was fatally shot during a botched raid on her apartment. The law enforcement officers wore only simple clothes and were found to have discharged their guns without a clear line of vision. These instances set off a nationwide civil rights movement in the United States in an initiative to seek justice for Floyd and his family and for all who might feel oppressed around the country.
Police brutality towards individuals of diverse backgrounds is not a brand-new occurrence, but it reflects a continuation that one may connect with enslaved ancestry. Our modern-day justice system floods jails across the nation with predominantly black males that find distressed lives due to poor opportunity and guidance in their communities. As in any occupation, there remains a group of people with poor reputations in the police force, which reflects upon the career as a whole. A response to injustice exists within our communities and our government. Without proper leadership in legislation and the law, our citizens might deal with treatment that opposes individual rights and freedoms given to them as citizens of the nation and its states.
Both states and the federal government pass their own civil rights laws in addition to counties and municipalities therein. Essentially, the further down the decree you proceed, the further personalized your civil rights become. Social dilemmas may trigger an action to consult with a civil rights lawyer who possesses the skills to interpret laws related to your matter. Allow us to help you today.
Civil rights cover a minimal amount of civil rights protected, and it is crucial to distinguish whether you indeed became a victim of a civil rights offense. The following examples may paint a better picture:
The following examples may appear to be an infraction of civil rights; however, it may not qualify as such:
It is essential to distinguish between discrimination that breaks one's civil rights and discrimination that simply shows poor perception. Unfortunately, some types of discrimination remain perfectly lawful and stand no chance to be heard by a court. The qualities of an individual or group that adhere to illegal discrimination entail one's: age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation. Settings in which discrimination happens matters too. Discrimination in settings prohibited by the federal government and its states include education, work, housing, government services and benefits, health care services, land use/zoning, lending and credit, public accommodations (access to buildings and businesses), transportation, and voting.
A civil rights infraction involving the use of threat or force due to intolerance and hate builds a claim for a hate crime. Hate crimes target individuals of diverse backgrounds in an attempt to intimidate or injure them just because of their background. Typically, the punishment for those proven guilty of hate crimes extends into deeper waters in contrast to an average civil rights violation. In the law, the "motive" and "intent" of a criminal weigh tremendously towards the court’s consideration when determining penalties. To further clarify, someone who hurts an individual for no apparent reason might suffer assault or battery charges due to their actions. One who commits violence upon an individual due to their affiliation with a particular ethnic, religious, or other identity may be charged with a hate crime if this motive and intent are proven. In some aspects, a hate crime falls within the specifications of terrorism against a certain community, not simply one individual. A regrettable barrier of hate crimes is that the intent or motive is more difficult to verify based on the facts. Hate crimes must be taken seriously due to their prospective dangers. One that commits a violent act and does so with ill intention becomes a very unsafe individual. In order to fight hate crimes, the FBI created an internet page on hate crime laws and news. This initiative aims to keep communities notified while fending off future efforts. Information on how to report hate crimes and discrimination, background information, and more are also included.
No matter the situation, any kind of discrimination demonstrates inadequate actions in our society. Judgement and discrimination of others have to quickly cease for our modern culture to succeed, particularly since we are composed of individuals from diverse backgrounds. Civil rights began a brand-new era in this country in an effort to stabilize its expanding population from across the globe. Whether a law firm represents you on a legal issue involving civil rights or a good samaritan defends his/her next-door neighbor, the goal continues to be the same— equal treatment for all.
Submitting a civil liberties legal action requires a variety of step-by-step actions in addition to the expertise behind executing such a procedure. In order to file a civil rights lawsuit, one has to consider who might be responsible for the resulting harm. Civil rights lawsuits may be filed in either federal or state courts, depending on the matter at hand. As stated above, some states narrow their protection of civil rights established by federal legislation. For example, one state might concentrate on protecting civil rights for LGBTQ+ community members, guaranteeing they receive equal treatment. In addition, your options of where to file a "complaint" may exist within which area the law applies. Regardless, submitting a complaint starts a review process by the court to establish whether a civil rights offense occurred, in addition to where the concern will be heard.
The goal of a complaint exists within the effort to establish responsibility upon the offenders (who you accuse) for committing the violations alleged in your complaint. It may consist of a list of facts, your interpretation of the facts, and the conclusive evidence that strengthens the facts listed. Harm you suffer from the accusations stands as an important action for the courts to consider. It is essential to bear in mind that you must file a claim with the proper federal government company for some kinds of civil rights cases before pursuing any type of private suit.
Submitting a civil rights legal action is made possible by an underappreciated right called "Due Process" supplied to us by the Fifth and Fourteenth Amendments. The right to Due Process entails the government cannot remove the legal rights to life, liberty, or property without a formal hearing. Due to this Due Process right, Congress and state legislatures have developed complaint processes designed to help you enforce your civil rights.
Hiring a lawyer may seem like a drastic measure for any matter; however, it maximizes one's chances of succeeding in the law and recouping damages. Without legal representatives, our community members may be capitalized on without knowing their options for protection provided by this great country. Unfortunately, some situations require legal help to receive equal treatment in one example and establish the tone to ward off future instances in another.
Civil rights issues within the law prove to trigger severe matters within the step-by-step process and the community process. Challenging concerns include whether to file in state court or federal court, how to file a "complaint," whether the violation entailed a protected right, which laws apply to the scenario at hand, and whether you should first file a claim with the government. In order to appropriately navigate through these problems, it remains crucial to seek consultation from an experienced civil rights attorney.
The attorneys at The Cochran Firm are among the nation’s most successful and tenacious attorneys. When navigating through the legal process, you deserve to have an experienced attorney by your side. The Cochran Firm attorneys know how to fight for you.
Here at The Cochran Firm, our experienced attorneys are ready to help families who are pursuing a civil rights claim. Our attorneys work closely with each of our clients using pooled resources and their access to legal expertise to ensure the most effective legal representation available is provided.
You need the help of an experienced civil rights lawyer who has proven successful results in other similar cases to guide you through the process and help you to receive the monetary damages entitled to you under the law. At The Cochran Firm, we have the offices, the experience, the results, and the resources to aid clients throughout the United States.
Please contact the civil rights attorneys at The Cochran Firm today for your free, no-obligation initial consultation today.
