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1. dragon+(OP)[view] [source] 2020-06-15 15:44:56
>Qualified Immunity just sets the default and is mostly a red herring (not that it shouldn't be addressed). A city could easily declare that an officer acted outside their explicit government duties when committing a crime

QI is irrelevant to crimes, it applies to torts. And when carrying out their explicit duties, police are performing ministerial tasks for which government employees, including police, have absolute immunity; it is only outside that space where they enjoy qualified immunity, and whether the requisite nexus to their official duties for QI exists is a legal question for the courts, not a matter which the city can declare dispositively after the fact.

> For instance, explaining QI doesn't address how the police have also been able to weasel out of criminal and administrative penalties

That's not contract, especially for criminal penalties, it's prosecutorial discretion which is entirely a matter of what the public looks for in choosing the (almost invariably locally elected) head public prosecutor who sets prosecutorial policy.

When the most important fact voters weigh in electing a DA is police union endorsements, they literally have no one else to blame but themselves for police impunity before criminal law.

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