4 ms·

Civil Rights law is how these sorts of things are enforced by individuals who were harmed, in your example a Law Enforcement Officer violated someone's civil ri

Civil Rights law is how these sorts of things are enforced by individuals who were harmed, in your example a Law Enforcement Officer violated someone's civil rights by killing them in the line of duty and their family can sue for violation of the deceased's civil right to life. Qualified Immunity short-circuits that entire process for the individual LEO's (it does not protect the organization, just individual officers). If the prosecutor thinks they can get a criminal conviction for murder (or whatever) that is a totally separate process that is between the People (whom the prosecutor represents) and the defendant (in this case, the LEO who killed the guy in the line of duty). Qualified Immunity never applied to criminal cases(1). But criminal cases will not provide any money or anything like that to the victim (or their family)- that comes from civil suits alleging that the LEO violated someone's civil rights. And that is what removing Qualified Immunity encourages, individuals who were harmed can sue individual officers and receive payments from those individual officers (Colorado's police reform bill holds individual officers responsible with their own money up to certain limits where the organization becomes responsible; I don't know about other states). 1: Which are rare against LEO's because prosecutor's don't want to anger the LEO's that they work with regularly. This is why civil suits are generally the main avenue for people to get justice from over-zealous LEO's.

sidewndr46 5mo ago
How can I have a civil right to life? I'm aware I have a civil right to things like voting, a jury trial (for certain charges), legal representation. Those are all things the civic institutions provide to me. Civic institutions don't provide me life.
- mandevil 5mo ago
  The US Constitution is an amazing document, I suggest you read it if you are an American. It's pretty short and has a lot of stuff that is useful to know, even if you aren't a lawyer (I am not). Because I am not a lawyer, I didn't word it exactly correctly. The Fifth Amendment of the US Constitution says, in its entirety: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The key in this context is "No person shall ... be deprived of life, liberty or property, without due process of law." If a government agent takes that from you without due process that is a civil right of yours being abridged, at least in the US. I can't speak for other countries.
  - sidewndr46 5mo ago
    Those are constitutional rights, by definition.
    - pseudalopex 5mo ago
      You meant what? The civil rights you identified were constitutional rights.
      - sidewndr46 5mo ago
        From my perspective civil rights are the constitutional rights that the government can uniquely deprive you of. For example, a jury trial. No one else can try you, so only the government can deprive you of that right. It's fairly limited in practice anyways, but it is true. The right to life, etc. anyone can deprive you of.
        pseudalopex 4mo ago
        No. The US Civil Rights Act covered discrimination from business owners for example. And anyone could prevent you to vote or attempt coercion.
        sidewndr46 4mo ago
        Elections are not private. I don't see how someone could stop me from voting. If they do that is just kidnapping, threats of violence, etc.
        pseudalopex 4mo ago
        > Elections are not private. Who said they were? > I don't see how someone could stop me from voting. If they do that is just kidnapping, threats of violence, etc. Section 131(b) of the Civil Rights Act of 1957 states that “[n]o person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose” for any candidate for federal office.[1] [1] https://journals.law.harvard.edu/crcl/what-is-voter-intimidation/ https://journals.law.harvard.edu/crcl/what-is-voter-intimida...

sidewndr46 5mo ago

How can I have a civil right to life? I'm aware I have a civil right to things like voting, a jury trial (for certain charges), legal representation. Those are all things the civic institutions provide to me. Civic institutions don't provide me life.

mandevil 5mo ago
The US Constitution is an amazing document, I suggest you read it if you are an American. It's pretty short and has a lot of stuff that is useful to know, even if you aren't a lawyer (I am not). Because I am not a lawyer, I didn't word it exactly correctly. The Fifth Amendment of the US Constitution says, in its entirety: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The key in this context is "No person shall ... be deprived of life, liberty or property, without due process of law." If a government agent takes that from you without due process that is a civil right of yours being abridged, at least in the US. I can't speak for other countries.
- sidewndr46 5mo ago
  Those are constitutional rights, by definition.
  - pseudalopex 5mo ago
    You meant what? The civil rights you identified were constitutional rights.
    - sidewndr46 5mo ago
      From my perspective civil rights are the constitutional rights that the government can uniquely deprive you of. For example, a jury trial. No one else can try you, so only the government can deprive you of that right. It's fairly limited in practice anyways, but it is true. The right to life, etc. anyone can deprive you of.
      - pseudalopex 4mo ago
        No. The US Civil Rights Act covered discrimination from business owners for example. And anyone could prevent you to vote or attempt coercion.
        sidewndr46 4mo ago
        Elections are not private. I don't see how someone could stop me from voting. If they do that is just kidnapping, threats of violence, etc.
        pseudalopex 4mo ago
        > Elections are not private. Who said they were? > I don't see how someone could stop me from voting. If they do that is just kidnapping, threats of violence, etc. Section 131(b) of the Civil Rights Act of 1957 states that “[n]o person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose” for any candidate for federal office.[1] [1] https://journals.law.harvard.edu/crcl/what-is-voter-intimidation/ https://journals.law.harvard.edu/crcl/what-is-voter-intimida...