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I am not so sure. Qualified immunity is civil protection not criminal protection. That means that qualified immunity protects the police officer from being sued
by RcouF1uZ4gsC 4y ago
I am not so sure. Qualified immunity is civil protection not criminal protection. That means that qualified immunity protects the police officer from being sued for money by a citizen. It does not protect the officer from being prosecuted by that conduct.
I am not sure that civil trials are a great way to protect Constitutional rights. The outcome of an egregious civil rights lawsuit is that the plaintiff gets paid money that comes from the city (via taxes) and the police depart and involved officer are otherwise unaffected. The real winners in changing qualified immunity would not be the public or the Constitution, but rather trial lawyers.
High profile state and federal prosecutions of police officers who violate civil rights are probably a much bigger deterrent to police officers violating the Constitution, and that is completely unaffected by qualified immunity.
If you really want something that is burning a hole in the Constitution, it is Civil Forfeiture. That one goes directly against the Fourth Amendment protection against government seizure.
- btown 4y agoAt a local level, prosecutors depend on the continued cooperation of police to show results in their job, so there’s a massive conflict of interest in criminal accountability in all but the most egregious cases. And whatever extent that higher-level prosecutions prove a deterrent (to say nothing of the fact that in many cases they may not have standing)… as long as minority families have to have The Talk with their kids, it is not a sufficient deterrent. Having paths towards civil accountability is vital, but they are essentially nonexistent.
- deleted 4y ago[deleted]