Re:New Mexico is the second state to ban qualified immunity
by ceejayoz on Thursday April 08, 2021 @11:29AM
(#26740015)
The point: there aren't gonna be criminal consequences for a bad cop who made a wrongful arrest if it never goes to trial.
QI shields them from civil suits, so they're quite well protected on both fronts.
Re:New Mexico is the second state to ban qualified immunity
by austincheney on Thursday April 08, 2021 @04:04PM
(#26743110)
Even more to the point is that there is a readily identifiable problem. It is better to put energy towards fixing the problem than apply a really shit work around with horrible second and third order sequences only for the point of doing what you couldn't do the correct way.
An indictment is a motion to proceed to trial, and often doesn't even require the availability or presence of the person. An arrest is a detention of a person to police custody.