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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. ncalla+RE[view] [source] 2020-06-01 19:11:25
>>jandre+Ro
I strongly agree with this. We need an independent prosecutorial agency for handling police matters.

The police and prosecutors need to work closely together to function. It's unreasonable to ask the prosecutors to then also prosecute police powers. It's biased and unjust—even when the actors are all doing their best to act in good faith.

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5. jakela+KI[view] [source] 2020-06-01 19:30:56
>>ncalla+RE
The problem is, who will gather evidence for this prosecutorial agency? Does it need its own police force as well? Who investigates bad actors at this new agency? Where does the ouroboros end?
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6. ncalla+GL[view] [source] 2020-06-01 19:45:05
>>jakela+KI
Yes, I think it should be an investigatory agency with subpoena power. It could replace the IA department at offices.

We currently allow PDs to investigate themselves, which is a mockery of justice.

It ends at subpoena and arresting power. The courts would mediate disputes as they already do.

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7. closep+hh2[view] [source] 2020-06-02 07:46:35
>>ncalla+GL
People confess in interview rooms because they are naive about the criminal justice system and thrown off balance by its sudden collision with their lives.

People testify because they feel greater loyalty to society as a whole than to the defendants.

Neither of those things are going to work against cops.

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