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[return to "As Qualified Immunity Takes Center Stage, More Delay from SCOTUS"]
1. typeni+Yi[view] [source] 2020-06-01 17:24:22
>>mnm1+(OP)
Qualified immunity has become a get-out-of-jail-free card for law enforcement.

I believe it's the primary reason for the complete apathy law enforcement shows towards de-escalation and self-restraint in general.

Why bother behaving when the standard for prosecuting you is so high as to be laughable?

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2. tialar+bl[view] [source] 2020-06-01 17:34:54
>>typeni+Yi
Technically qualified immunity does not shield officers from prosecution it only stops them from being sued.

So a pretty reasonable question you'd ask in the rest of the world is: Why aren't these cops prosecuted for excessive violence? The use of civil rights lawsuits in the US was a workaround for an already broken legal system that doesn't punish wrong doing by certain people.

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3. jandre+Ro[view] [source] 2020-06-01 17:51:47
>>tialar+bl
In short the prosecutor's office has to work closely with the police to do their job. They are strongly discouraged from bringing cases against cops to avoid hurting the relationship between the two parties.
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4. tehweb+aB[view] [source] 2020-06-01 18:50:55
>>jandre+Ro
Seems like if an independent agency and prosecutor should be in charge of every single police complaint. I think every state already has a state police department and prosecutor, seems like the entire bureaucracy problem is a policy issue?
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5. Ericso+9F[view] [source] 2020-06-01 19:13:03
>>tehweb+aB
But the prosecutors shouldn't have such a relationship with the police in the first police.

- While the (especially Anglo-American) courtroom is adversarial, prosecutors shouldn't be at all compensated (money, promotion, etc.) by who they lock up. Something based on future crime rates would be much better.

- Rather than DA's needing the police, the police should need the DA. Arresting someone that isn't convicted should reflect very poorly on the police.

That side, both groups are badly in need of complete replacement, which makes it hard to talk how they ought to work together when the real "ought" goes so much further

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