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I don't think the US has nearly enough court capacity to hear the sheer amount of cases this decision would give precedent to.
by whitemary 4y ago
I don't think the US has nearly enough court capacity to hear the sheer amount of cases this decision would give precedent to.
- adgjlsfhk1 4y agosounds like we need to dramatically increase court capacity then.
- springogeek 4y agoThat's actually why Qualified Immunity was originally introduced: To prevent courts filling up with potentially spurious cases raised by defendants of other cases or participants of interactions with police. It was originally conceived to have a much less heavy-handed scope though, but has been strengthened over time to something near-impossible to thwart.
- AdmiralAsshat 4y agoThen maybe the police should stop brutally beating unarmed suspects?
- whitemary 4y agoThat would be the better solution imo, but we got Qualified Immunity instead.
- Clubber 4y agoThe main problem is the machine protects itself. Prosecutors won't prosecute because they work hand in hand with the police. The police feed prosecutors cases, the prosecutors prosecute and look good. When the prosecutors refuse to bring charges against police, the only remedy is civil court, which QI forbids in most cases. There are exceptions, but there should be more. Having said that, nothing prevents you from suing the police department, city or government. It's just that the people who commit these acts have no repercussions because the prosecutors don't bring charges and their superiors support that type of activity. I can't overstate how dangerous and what a powder keg this is right now. If we ever had a hot civil war, I suspect it would be citizens vs police, not liberal vs conservative.
- pwinnski 4y agoLets expand the judiciary, then. We can shrink the TSA to offset.