zlacker

People never talk about the judge in these cases. This only happened because a judge decided to sign a no-knock warrant. So, ultimately, doesn’t the judge bear a large portion of the responsibility for creating the situation, for the death that resulted? Shouldn’t the judge be the adult in the room, saying “no” to the police, saying that the circumstances are not extraordinary enough to justify the issuance of a no-knock, with the clear risk to life that this entails, and telling them to find another way?

>>leephi+(OP)
It's the whole "Somebody Else's Problem" field that bureaucracy generates.

Same thing happens in pretty much any large gathering of people: "I only signed off on blah, nobody told me foo and bar would happen". "We only did foo because someone signed off on blah, we had approval it's not our fault". And round and round we go pointing fingers at each other rather than improving the world for anyone.

>>bloope+Wa
I think you’re right. But I also think that things might get a little better if we shone a light on the judges who are allowing these things to happen. They are supposed to judge, not be rubber stamps for whatever the police want. For example, the media will tell us the names of the cops who murder people when executing a warrant, as they should; but I don’t remember a single article where the judge who signed the warrant was named, or where the reporter tried to interview the judge, to ask what evidence justified, say, a no-knock warrant. Not that a judge would grant such an interview, but at least the judge can be named, and the question raised.

>>leephi+Xc
I agree with you, all parts of the machine need some daylight.

I wonder how much this is due to sheer volume of warrants and policing actions?

>>leephi+(OP)
The judge issued a warrant that was requested by the police. Likely by the officers involved (though I don't know if that's been reported). I mean yes: you're right, our judiciary should be serving as a better backstop on public safety concerns than they are. And that's a problem.

But the court signed off on the warrant that law enforcement wanted. As I see it it's still the police holding the bag here.

>>newacc+3d1
Of course; that’s the way it works. But I’m proposing the radical idea that there is a reason for the 4th amendment, and the judges might consider reviewing the evidence and thinking about—nay, judging, even—whether the situation warrants granting what should be an extraordinary request by the police. And that we the people, and the press, especially, should consider it proper to hold them to account, especially when there is a tragic consequence. Nobody ever asks the judge, “why did you sign this warrant? Why was this extreme measure necessary?”

>>leephi+Xm1
You seem to be changing the subject. Upthread, you argued that the judge bore a "large portion" of the blame for this shooting. Here you're just saying that judges need to be better.

I agree. But I still don't see how, if I ask you to let me commit a crime, and you say yes, that makes you more culpable than me. The word for that is "accessory", and it's by definition a lesser crime.

>>newacc+2B1
I think you’re confusing the expression “large portion” with something like “most”.