3 ms·
Civil is a lower bar than criminal so removing QI and and making the officers personally (in reality they'll all just buy insurance like doctors do, some do thi
by throwaway0a5e 5y ago
Civil is a lower bar than criminal so removing QI and and making the officers personally (in reality they'll all just buy insurance like doctors do, some do this already) is simply a step in the right direction (equality under law being said direction).
If you aren't found to be on the hook by a civil court you basically can't be found guilty by a criminal one (barring very specific statutes or legal precedents that are relevant to the facts in question).
- papercrane 5y agoYou're talking about two different things. QI has nothing to do with the level of proof needed (preponderance of evidence vs. reasonable doubt.) Qualified Immunity only exists in civil litigation and has no bearing on criminal cases.
- throwaway0a5e 5y agoCorrect. But if you can't even take someone to civil court you have no chance of criminal charges sticking (barring some specific statute or precedent to the contrary)
- papercrane 5y agoThey are completely different things. People can sue each other for things that are not crimes, and you can go to criminal court over things you can't be sued for. Qualified immunity has no bearing on criminal proceedings. For example, if George Floyd's estate sued Chauvin directly I wouldn't be surprised if they lost because of QI, even though Chauvin was charged and convicted for murder.