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You're talking about two different things. QI has nothing to do with the level of proof needed (preponderance of evidence vs. reasonable doubt.) Qualified Immun
by papercrane 5y ago
You'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.