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Unfortunately the courts have repeated ruled that "aware of the Constitutional violation" means knowing that the exact action being observed had previously been
by jshier 9mo ago
Unfortunately the courts have repeated ruled that "aware of the Constitutional violation" means knowing that the exact action being observed had previously been ruled a violation of Constitutional rights. It's essentially impossible to prove, which is one of the reasons we don't see that offense prosecuted.
- JasonADrury 9mo agoIn the Chauvin case all three of the bystanders were sent to prison by federal courts specifically for civil rights violations stemming from their failure to intervene as Derek Chauvin murdered George Floyd in front of them.
- jshier 9mo agoException that proves that rule. It took national protests over months, during COVID, to drive that case through to conviction.
- alistairSH 9mo agoQI applies to civil cases. IIRC, Chauvin didn’t face a civil case and was not made to pay damages for violations of anybody’s rights. Nor did the other officers. If a cop violates your rights, you just have to pray the DA will prosecute criminal charges. But you still won’t get an monetary damages from the cop. You might talk the state into settling.
- komali2 9mo ago> you just have to pray the DA will prosecute criminal charges. Cynically this probably only happened in the Chauvin case because the state would have been burned to the ground otherwise. Maybe folks need to get in the street more...