Re:The Billionaire Behind Efforts to Kill the U.S. Postal Se...
by alasdair_ on Tuesday July 21, 2020 @08:50PM
(#23912715)
>you have conveniently left out why victims obtain judgements in civil courts when cops are not convicted in criminal courts
The primary issue is qualified immunity, coupled with the DA needing to rely on cops to do their jobs, leading to a massive conflict of interest. Unless the exact circumstances in one case occurred previously (and it was explicitly ruled illegal), a cop is let off due to the way qualified immunity works.
If a cop faced the same criminal trial as a regular citizen, they would very likely go to jail as most cases that go to trial result in a conviction.
Yes, the civil justice system is more private-party focused, but you have conveniently left out why victims obtain judgements in civil courts when cops are not convicted in criminal courts. In civil litigation, a judgement is made based on the preponderance of evidence. In the criminal courts, the standard is "beyond a reasonable doubt". It's easier for the plaintiff to win in civil court than for the prosecutor to win in criminal court.
Private/public control is inconsequential when compared to the level of proof required for conviction/judgement.