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Re:To Make Police Accountable, End Qualified Immunity by FireBeyond on Sunday May 31, 2020 @03:06PM (#23371781)
So many double standards.

A police officer is allowed to "panic and fear for their life" and shoot me as a result. I, as a private citizen, am expected to remain cool, calm and composed in the face of multiple guns in my face.

Even more mundane things: if I break a law, "ignorance is no excuse". When cops arrest photographers for shooting in public spaces, I have literally heard government officials explain it away as "We cannot expect our police officers to be constitutional lawyers".

Re:To Make Police Accountable, End Qualified Immunity by yellowapple on Sunday May 31, 2020 @04:44PM (#23372561)
> "We cannot expect our police officers to be constitutional lawyers".

If police do not know the law, then they should not be allowed to enforce it.

Re:To Make Police Accountable, End Qualified Immunity by thephyber on Sunday May 31, 2020 @06:14PM (#23373298)
I would argue no person can know "the law" unless they have read it. All of it. Constitutions, statutes, case law / jurisprudence, common law, HOA bylaws, etc. for every jurisdiction they are in.

I have no expectation that the average police officer "knows the law", but that same problem should not be used against civilians.

It does stand, however, that an officer should be reprimanded for trying to enforce a law where they don't know the law.

Re:To Make Police Accountable, End Qualified Immunity by craftinator on Sunday May 31, 2020 @08:35PM (#23374450)
I think that is the idea. If people can be convicted for breaking laws they don't know about, then cops can be convicted for enforcing laws that don't exist.
Re:To Make Police Accountable, End Qualified Immunity by staticautomatic on Monday June 01, 2020 @01:13PM (#23380937)
Another good reason to abolish common law.
Re:To Make Police Accountable, End Qualified Immunity by thephyber on Monday June 01, 2020 @04:13PM (#23383207)
I'm a critic of all of the foundations of the US legal system, but I would want to know more about the effects of something like "abolish common law" before we jump right in.

I see that a little like someone yelling "let's abolish gravity" without stopping to consider: "what continues to exist if gravity no longer applies?"

Re:To Make Police Accountable, End Qualified Immunity by staticautomatic on Monday June 01, 2020 @11:23PM (#23387066)
I've spent more than a decade working in the courts. Also there is an entire section of the Wikipedia page on common law called "alternatives to common law systems".
Re:To Make Police Accountable, End Qualified Immunity by staticautomatic on Friday June 05, 2020 @06:53PM (#23434917)
Imagine a system in which every time you encounter a new problem or a new variation on a known problem, the only acceptable response is one which comports with what you've done before. That's common law.
Re:To Make Police Accountable, End Qualified Immunity by nemosaltat on Monday June 01, 2020 @05:11PM (#23383876)
I first encountered Chesterton’s Fence [0] in an HN thread about a year ago. I think your comment echoes that principle nicely.

[0] https://en.m.wikipedia.org/wiki/Wikipedia:Chesterton%27s_fen...

Re:To Make Police Accountable, End Qualified Immunity by HarryHirsch on Sunday May 31, 2020 @03:11PM (#23371818)
I as a private citizen, am expected to remain cool, calm and composed in the face of multiple guns in my face.

Have you seen that scene from the demonstration in Salt Lake City, where MAGA-man pointed a hunting bow at demonstrators? He was taken down and handed over to law enforcement unharmed. The bystanders displayed extraordinary restraint, no doubt because everything was filmed, and anyone who used deadly force would be harassed for the rest of their lives.

We'd like to see that same standard applied to cops.

Re:To Make Police Accountable, End Qualified Immunity by homieg33 on Sunday May 31, 2020 @03:25PM (#23371932)
This is what I read about that event. “In response, people at the protest tackled the man and attacked him. At least 15 people pinned the man against his vehicle to punch, kick and throw things at him. His face was left bloody and his vehicle was looted and flipped, according to 2News reporter Kelly Vaughen“

https://www.google.com/amp/s/kutv.com/amp/news/local/slc-pro...

Re:To Make Police Accountable, End Qualified Immunity by HarryHirsch on Sunday May 31, 2020 @03:29PM (#23371974)
There need to be consequences for threatening people with a deadly weapon. An overturned truck is mild in such a situation. I'd have expected at least a broken bone, but, no, only a bloody face. Try that with the cops.
Re:To Make Police Accountable, End Qualified Immunity by washitallaway on Sunday May 31, 2020 @09:42PM (#23374796)
This is not unharmed. You clearly knew about the case yet you deliberately obfuscated the facts until you were called out on it. Instead of backpedaling own up to why you would try to distort the facts. This is not to say the fellow with the bow and arrow isn't a complete imbecile, and didn't deserve what was coming. On that I have no view.
Re:To Make Police Accountable, End Qualified Immunity by HarryHirsch on Sunday May 31, 2020 @10:21PM (#23374960)
At least the fellow still has all his teeth, unlike that physician that Chicago transport cop pulled off that plane.
Re:To Make Police Accountable, End Qualified Immunity by washitallaway on Sunday May 31, 2020 @11:46PM (#23375314)
So your definition of unharmed is somewhere between unharmed, and the beating by the Chicago transport cop of a physician on a plane.

We're talking apples and oranges, HarryHirsh, and I don't think you're willing to view this discussion in good faith. Good day.

Re:To Make Police Accountable, End Qualified Immunity by drdeca on Sunday May 31, 2020 @11:29PM (#23375251)
Still should have at least said something like “nearly unharmed” instead of “unharmed”?
Re:To Make Police Accountable, End Qualified Immunity by craftinator on Sunday May 31, 2020 @08:33PM (#23374434)
Wow, that guy is lucky he didn't accidently flag a cop with his bow; they would have beat him with truncheons, pepper sprayed him, then killed him with a blood choke!
Re:To Make Police Accountable, End Qualified Immunity by devdas on Monday June 01, 2020 @12:17PM (#23380159)
No, he's white. He might have been arrested at most.
Re:To Make Police Accountable, End Qualified Immunity by mimikatz on Sunday May 31, 2020 @04:38PM (#23372523)
Why lie? The guyt threated people, but was not unharmed and his car was burned. https://twitter.com/MsDBZbabe/status/1266904275785056262?s=2...
Re:To Make Police Accountable, End Qualified Immunity by m0zg on Sunday May 31, 2020 @04:13PM (#23372309)
Re:To Make Police Accountable, End Qualified Immunity by newacct583 on Sunday May 31, 2020 @07:38PM (#23374062)
> According to video captured by TheBlaze's Elijah Schaffer, violent protesters descended on the man after he chased looters with a large sword. The man did not, however, attack the looters.

In my world, "chasing someone with a large sword" sounds like initiating a fight, no? Is the complaint that... he lost it? Because it seems clear that he started it.

A meta point: this is why you need to stay away from sites like The Blaze. The guy with the lethal weapon was "beaten", but it's the protestors who were "violent".

Re:To Make Police Accountable, End Qualified Immunity by m0zg on Sunday May 31, 2020 @10:14PM (#23374933)
I mean I'm pretty sure that hitting someone with a fucking rock in the head with full force qualifies as "violent". I'm sure you wouldn't like it, sword or no sword. Nor would you like to protect your property from looters unarmed.

This comment and others like it reminds me of this gem right here: https://twitter.com/Whateverlmao/status/1267132165935923201/...

Re:To Make Police Accountable, End Qualified Immunity by newacct583 on Sunday May 31, 2020 @11:05PM (#23375147)
The article doesn't allege he was hit with a rock unbidden though. It says he was attacked after "chasing" "looters" with a sword. I'm sorry, but at that point combat has been engaged. Every 2A advocate here would agree that anyone in that circumstances would be entitled to stand their ground and fight back. And apparently they did.
Re:To Make Police Accountable, End Qualified Immunity by m0zg on Sunday May 31, 2020 @11:31PM (#23375262)
So if looters get shot, that's OK in your book as well? Or, if a store owner catches a looter, would it be OK to "engage combat" and bash their head in with a rock? Best I can tell he was just chasing them away, he hasn't done harm to anybody.
Re:To Make Police Accountable, End Qualified Immunity by HarryHirsch on Sunday May 31, 2020 @10:29PM (#23375000)
Reddit has something to say about this man: https://www.reddit.com/r/Dallas/comments/gu5eal/machetewield...

It thinks he was a total fuckwit.

Re:To Make Police Accountable, End Qualified Immunity by xnyan on Sunday May 31, 2020 @08:47PM (#23374524)
If I see someone chasing another down with a quote, "large sword", then they turn and start running at me with this sword, I am sure that in that moment I would be afraid for my life. I think many if not most agree deadly force can be used in direct defense of your own life.
Re:To Make Police Accountable, End Qualified Immunity by HarryHirsch on Sunday May 31, 2020 @04:32PM (#23372460)
Re:To Make Police Accountable, End Qualified Immunity by thrwyppl on Sunday May 31, 2020 @04:58PM (#23372681)
A police officer may be required to put his life on the line tens of times a year. A private citizen may have his life on the line maybe once or twice in their entire lifetime.

Violent crime is a scourge on America, with 15,292 homicides last year, not including non fatal shootings and/or other violent crime. As part of their job, police officers are called to deal with hardened criminals. There is a high level of risk involved. Can we stop for a second and be a tad grateful to the people that keep our neighborhoods reasonably safe?

'You've got a split second to decide whether the suspect is reaching for a gun or not. Make a mistake one way and we'll send condolences to your family, make a mistake another way and we'll throw you in jail for two decades. Make the right choice, and we'll throw another one your way next week'. Who in their right mind would take that kind of a deal? And if nobody in their right mind would do, who's going to keep the tough guys from imposing their own rule at gun point?

Re:To Make Police Accountable, End Qualified Immunity by FireBeyond on Sunday May 31, 2020 @05:45PM (#23373051)
As a firefighter/paramedic, I entirely understand the perspective of being willing to put your life on the line for the community. I have attended three line-of-duty death funerals.

There are justified situations, and there are grey areas.

And then there are situations whereby a man will have his hands on the top of his head, be kneeling still in the street. And he'll be shot 8+ times by the police.

I can be entirely grateful to the police who do an honorable job. And to those in uniform who condemn egregious injustices by their own. They are doing honorable, good work.

I can simultaneously have a depth of derision and anger for those who see a badge, a uniform, and a gun as an excuse to exercise their latent psychological weaknesses, aggression, etc.

The two are not mutually exclusive.

Re:To Make Police Accountable, End Qualified Immunity by Jeema101 on Sunday May 31, 2020 @06:00PM (#23373183)
The occupation of police officer in the US is roughly as dangerous as being a construction worker. Police aren't even in the top 10 most dangerous occupations [1]. So this type of fear is not really justified and probably contributes to the problem.

[1] https://www.usatoday.com/story/money/2019/01/08/most-dangero...

Re:To Make Police Accountable, End Qualified Immunity by lostmsu on Monday June 01, 2020 @04:39AM (#23376441)
Considering the number of occupations that is not really a good number.
Re:To Make Police Accountable, End Qualified Immunity by dungdang on Monday June 01, 2020 @11:09AM (#23379314)
considering the comparison to a well known and broad job description -construction worker, the list being used for this top 10 number does not have a large number of occupations. and considering that you clearly undersdand that, your comment is pushing a false narrative using misinformation. and considering that this forum is not a place for calling people losers and purposely dense clowns, i won't.
Re:To Make Police Accountable, End Qualified Immunity by lostmsu on Monday June 01, 2020 @11:56AM (#23379890)
Yeah, no joke. There are several hundred occupations in the original report: https://www.bls.gov/iif/oshwc/cfoi/cftb0326.htm

They likely picked the most dangerous ones.

Re:To Make Police Accountable, End Qualified Immunity by TheCoelacanth on Sunday May 31, 2020 @05:55PM (#23373137)
Being a police officer is less dangerous than driving a taxi, but I don't see an epidemic of taxi drivers killing people. We need to stop excusing horrific crimes because of the relatively minor dangers that police face.
Re:To Make Police Accountable, End Qualified Immunity by awillen on Sunday May 31, 2020 @05:30PM (#23372924)
A police officer chooses to put his life on the line tens of times a year. Black people don't get that choice.

Anyway this is an idiotic bullshit argument in the context of George Floyd. The man was on the ground, unarmed with four police there. That police officer wasn't being asked to put his life on the line, so what you're saying is irrelevant.

Re:To Make Police Accountable, End Qualified Immunity by thephyber on Sunday May 31, 2020 @07:42PM (#23374090)
> Anyway this is an idiotic bullshit argument in the context of George Floyd. The man was on the ground, unarmed with four police there.

To be fair, that officer was both fired and was arrested + charged, which in my understanding means neither the (mayor? department?) and the prosecutor do not think qualified immunity is merited in this case.

It does drive us to the important point: where is the threshold where qualified immunity is forfeited?

Re:To Make Police Accountable, End Qualified Immunity by WesternStar on Monday June 01, 2020 @04:24AM (#23376363)
I'm for removing it entirely. We can build a new legal standard. The reasonable professional standard works fine for doctors.Seems like it should work fine for cops.
Re:To Make Police Accountable, End Qualified Immunity by thephyber on Monday June 01, 2020 @04:20PM (#23383283)
> The reasonable professional standard

I don't know much about it, but taking "qualified immunity", which is evaluated by prosecutors and DAs, and moving it to a police organization (expecting police to police the police) doesn't sound like an improvement.

Perhaps it would work if it was coupled with some sort of a complete overhaul in the culture of policing, but I don't see how the "culture" changes from the outside.

Re:To Make Police Accountable, End Qualified Immunity by jonny_eh on Monday June 01, 2020 @01:28AM (#23375676)
Who cares where the line is? It shouldn't exist.
Re:To Make Police Accountable, End Qualified Immunity by thephyber on Monday June 01, 2020 @04:25PM (#23383337)
Really? You don't think an arresting officer should be legally protected against frivolous lawsuits because they accidentally bruised the wrists of a non-compliant suspect in the act of handcuffing?

I'm more interested in hearing level-headed proposals.

Re:To Make Police Accountable, End Qualified Immunity by jonny_eh on Monday June 01, 2020 @06:15PM (#23384647)
> frivolous lawsuits

Let judges decide what lawsuits are frivolous.

Re:To Make Police Accountable, End Qualified Immunity by pontifier on Wednesday June 03, 2020 @03:14AM (#23400795)
Look at this guy that thinks judges can be trusted... LOL.
Re:To Make Police Accountable, End Qualified Immunity by jonny_eh on Thursday June 04, 2020 @03:33PM (#23420788)
It's literally their job title, lol.
Re:To Make Police Accountable, End Qualified Immunity by thephyber on Sunday May 31, 2020 @06:35PM (#23373513)
On the assumption that you are arguing in good faith (which is a core guideline of this site)...

> You've got a split second to decide whether the suspect is reaching for a gun or not.

What are your goal posts for this excuse?

For example: what would an officer have to do to you or your family to make you turn on the officer's actions and demand accountability? It's important to remember that officers frequently demand to see something from your wallet or phone (both of which are located around your belt, where you might have a gun stored).

Also ironic is that police are completely capable of restraining themselves when other officers have guns and when white men carry guns into a state capitol. It's not simply the presence of a gun that police are reacting to.

> make a mistake another way and we'll throw you in jail for two decades.

This is literally the law for civilians. I don't see how you can expect an officer to enforce a law that they, themselves, are not willing to be subject to.

Personally, I think the only question is how much good faith should we give officers in questionable cases of use of force.

> Who in their right mind would take that kind of a deal?

I think every public school teacher in America asks themselves that question every week, but it's still one of the most common professions. People weigh their personal values against the value of their job.

> And if nobody in their right mind would do, who's going to keep the tough guys from imposing their own rule at gun point?

Logical fallacy. The people that are currently officers wouldn't suddenly vanish from the face of the Earth. We would still have private security and parents and teachers and neighbors and business owners and good samaritans.

Police officers are generally very strong proponents of the 2A, whose lobbies love to repeat the mantra "When seconds count, the cops are just minutes away". Without police, the average person would step up and defend themselves more than they do now. Game theory.

I think the biggest problem with US policing in the US is that there are always people who post what you did. It's not a balanced evaluation of what would actually happen if there were more reasonable accountability on police actions but rather "do whatever police unions want because otherwise morale will fall and chaos will reign". Maybe you should consider the morale of the people who see police in their neighborhoods and houses as the same people who are "imposing their own rule at gun point".

Re:To Make Police Accountable, End Qualified Immunity by defnotashton2 on Monday June 01, 2020 @03:43AM (#23376163)
You act as though due process doesn't exist. The rest of us have to depend on that so should cops. It's a blank check that we can't afford.