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> I'd disagree that it's extrajudicially expanded, it's courts and prosecutors privileging police, probably because politicians have made it clear that they thi
by bjornsing 4y ago
> I'd disagree that it's extrajudicially expanded, it's courts and prosecutors privileging police, probably because politicians have made it clear that they think Sweden needs many, many more police and currently very few and fewer suitable persons let themselves be recruited.
It’s debatable if extrajudicial is the right word. It can be used to describe sentencing entirely outside of the formal legal system (as e.g. in “extrajudicial execution”). But that’s clearly not what I’m referring to here. In my view it can also be used to describe the case where a court makes decisions outside of the law, without legal authority or in direct conflict with law.
So in my mind what you are describing is essentially an extrajudicial expansion. We have a civil law system where it shouldn’t matter what politicians say. The only thing that should matter is when 175+ members of parliament press the green button. To the best of my knowledge they have never done so with the intent to expand police use of force in self-defense.
The example you bring up I think is a poor one (from my perspective), since the court’s verdict was not entirely unreasonable. A better example is the case where a police officer beat a very drunk unarmed man with her baton and let her dog attack him because he refused to lay down on the street. The appellate court (“hovrätten”) found her not guilty based on her statement that she could see from a tightening of the muscles in the man’s face that he was about to attack [1]. I’ve read the judgement and deem it bizarre enough to warrant the extrajudicial label.
Another reason I think it’s fair to call it an extrajudicial expansion is that several police officers I’ve talked to think of this kind of use of force as now within their authority. The line between legal use of force and what a police officer “can get away with (essentially by lying in court)” has been blurred, and for many it’s the latter that they see as relevant.
1. https://www.dn.se/nyheter/polis-frias-for-batongslag/ https://www.dn.se/nyheter/polis-frias-for-batongslag/