Along these lines I recommend Larry Sharpe's latest video where he puts forward a plan he calls QICC that he thinks could be enacted immediately in local or state or jurisdictions without having to wait for law changes:
end qualified immunity
require police to have professional liability insurance
reschedule cannabis to other than schedule 1
limit confiscation under civil asset forfeiture laws to $100.
I m not sure about how easy this stuff would be to actually enact, but I like the thought behind crafting a meaningful proposal that doesn't necessarily have to take years to put in place.
> 4) limit confiscation under civil asset forfeiture laws to $100.
I'm with it all except this last point. Just end it. By limiting the amount, all you're doing is hurting the lower classes, for whom $100 could be significant. The reality is, any assets that were gained via *significant* crime would be way more than $100 anyway. It would make more sense to make a very high lower limit than an upper one.
Qualified immunity is not the problem, it’s who makes the determination of whether or not there is negligence in the actions of an officer. If there was a civilian review board (maybe like grand jury where you standing for six months or something) who had the majority of the say whether not an officer qualifies for the immunity that would solve it, no? Without qualified immunity police won’t do anything as they’ll be afraid to get sued for everything. But with a majority of civilian oversight you have effectively given the community the ability to say whether or not officers are acting reasonably.
That and police unions, which like a lot of other lobbying organizations have caused so much corruption in our government.
Nobody would ever become a cop if qualified immunity was done away with. Cops are not lawyers. If every single action they took had to stand up to strict legal scrutiny, they’d basically never do anything except act on warrants.
Yeah, this is a huge problem. If you have people who know they can't be punished for bad behavior they will do bad things. And for the most parts cops are not recruited for their intelligence. Dull people with the inability to be punished for illegality makes for a very bad mix.
You are all assuming that cops are there to protect the citizens.
The American police is a rogue, independent, and ultimately terrorist organization devoted to protecting the established corporate power; in exchange, they get immunity and resources/money.
The relationship between power and police is transactional, and often the police order is even more powerful than certain political institutions (look at NY for example)
but honestly, I feel like they need to figure out away to rotate police out of these shitty areas. Give them a rest from that crap. it'll only push them to become jaded and justify themselves when they become like authoritarian assholes. Also I think partners are key too. Driving around all by yourself all day, in your head must fucking drive some of them mad. With that said though, accountability is key though. Bad people will leak into any job no matter what.
The Army is full of average kids with no idea what to do after college. We train them and send them off to war and if they breach the rules of engagement, laws of armed conflict, etc. they most likely go to Leavenworth. I’m down to use an empty prison(apparently that’s a “problem” now) as a dedicated bad-cop-no-donut kennel. We need a federal standard for conduct, independent investigations and real teeth to follow up.
Also- the punishment for shutting your body cam off during duty hours needs to hurt. I’m talking UNPAID leave and then maybe a desk job.
Plus progressive fines. One way to implement that is liability insurance and premium is paid by individuals. If they act up and there is a pay out - premium goes up. Plus pay out is tied to the whole pd in some way one guy acting up has a price for everyone else. So they'll be careful and prevent their crazed peers from acting up. Some variation of this could work. But may be not. The corruption with pd's isn't at surface level. Its not a light weight thing that just needs to be "managed" or something. Pd's have become rogue self policed self ruled agencies that gov can't control. They are like a gang that's like a cult. Complete over haul is the only way. May be fbi will uncover large pd's are involved in underground like a mob/gang and thousands will get caught and it'll be a stage for complete over haul of pd's. Other than that there is no way to manage it.
This week, I am introducing the Ending Qualified Immunity Act to eliminate qualified immunity and restore Americans’ ability to obtain relief when police officers violate their constitutionally secured rights.
As part of the Civil Rights Act of 1871, Congress allowed individuals to sue state and local officials, including police officers, who violate their rights. Starting in 1967, the Supreme Court began gutting that law by inventing the doctrine of qualified immunity.
Under qualified immunity, police are immune from liability unless the person whose rights they violated can show that there is a previous case in the same jurisdiction, involving the exact same facts, in which a court deemed the actions to be a constitutional violation.
This rule has sharply narrowed the situations in which police can be held liable—even for truly heinous rights violations—and it creates a disincentive to bringing cases in the first place.
If a plaintiff knows there is no prior case that is identical to theirs, they may decline to even file a lawsuit because they are very unlikely to win.
Even if a plaintiff does file a case, a judge may dismiss it on qualified immunity grounds and decline to decide whether the plaintiff’s rights were violated, meaning the constitutional precedent still isn’t established and so the next plaintiff still can’t recover.
This can create a permanent procedural roadblock for plaintiffs, preventing them from obtaining damages for having their rights violated.
Qualified immunity was created by the Supreme Court in contravention of the text of the statute and the intent of Congress. It is time for us to correct their mistake.
My bill, the Ending Qualified Immunity Act, does this by explicitly noting in the statute that the elements of qualified immunity outlined by the Supreme Court are not a defense to liability.
The brutal killing of George Floyd by Minneapolis police is merely the latest in a long line of incidents of egregious police misconduct.
This pattern continues because police are legally, politically, and culturally insulated from consequences for violating the rights of the people whom they have sworn to serve. That must change so that these incidents of brutality stop happening.
Until then, we must ensure that those whose rights are violated by police aren’t forced to suffer the added injustice of being denied their day in court.
LE needs to be held accountable to keep their slippery zippers up too. We have multiple, married, serial cheating LE boys going around having affairs with married women in our community. It’s about time they get called out for preying on those they are supposed to be protecting. They like other men in positions of trust, power and authority are abusers. There are consequences for their poor decisions and choices.
Crimes should be charged more seriously, not less, when they're committed by police. This is only reasonable - any crime committed by an on-duty officer is inherently more harmful that the same crime committed by a civilian, because in addition to the damage of the actual crime, the officer's commission of it also does harm to the public trust in the police and our society.
Beyond that, the police should be held to a higher standard because we as a society acknowledge that they are trained well enough to walk around with guns and the ability to deprive people of their freedom (even those who are innocent - if you're locked in a cell and later not charged, you don't get that time you spent in a cell back). We should be able to charge Chauvin with first degree murder despite a lack of premeditation, because he was trained to know not to do precisely what he did. If I kneel on a guy's neck and kill him unintentionally it's manslaughter, but if a cop does it, it should be worse because that cop should be expected to know that doing so is not an acceptable form of restraint.
Another suggestion: Bolster social programs that is being hamfisted through the justice system, necessitating larger police forces who don't have deescelation training and are not legally obligated to know the law they enforce.
Police don't need to bust someone for drugs if we have robust social programs that adequately address poverty and addiction.
Police don't need to harass homeless people if we have robust social programs that adequately address homelessness.
Police don't need to deal with severely mentally ill people who are unpredictable and potentially dangerous if we have robust social programs that adequately address the mental healthcare crisis in this country.
We ask cops to be part social worker, part solider, part lawyer, part investigator, part paramedic - and we pay them a salary for just one of those professions at best. Law enforcement is a small part of the job many days.
It's time to create mission specialist in large police forces with depth in these areas and to deploy them as teams of 2-4. Yes, there will be shortages in coverage and that is okay.
I'm not sure about this. Maybe qualified immunity should be reduced in scope, but I don't know about doing away with it. A police officer that tasers a violent suspect should be immune from prosecution if that suspect falls and hits their head, or has a heart attack. I don't see a way that police could do their jobs without some version of qualified immunity.
I think that at least part of solution lies in better training on use of force, massively increase training on deescalation techniques, better psychological screening and continuous followups, full-time body cams that don't turn off and are tamper resistant with appropriate logging of metadata to detect misuse-- to the extent that if a complaint is made against an officer and the camera is mysteriously not functional, the disciplinary burden should be moved to favor the complaint. And probably other things too-- this is not meant to be an exhaustive list of reforms.
How about focussing more on teaching police officers to learn how to be calm and composed as much as possible instead of going on the offensive too quickly. Yes, there are times when you will "fear for your life" and have to act with force but far too often our police officers are casual in going on the offense. In many cases, it is just a case of being pissed off because the guy/gal they pulled over is rude or verbally abusive or is not complying to a request. Can you take a deep breath and agree that it is part of your job to deal with idiots/crackheads/vulgar people as well and learn how to deal with them without always flashing your gun or tasers ?
One thing the police do where I live is to do community get togethers to get to know the actual people. It helps to reduce anxiety and stress. Yes I live in a "nice" neighborhood so it is easy for me to say may be. But can we not try similar police and public get togethers in the "not so nice" neighborhoods ? Is it not even worth a try ?
Also, be more strict in getting rid of bad apples which I believe this article touches upon a bit. This specific police officer had a history of violence and he should have been under more scrutiny that he was.
Until the respect is mutually created between police and public, no law on the books can prevent these types of unfortunate incidents.
Police officers, given that they have the power of life or death over others' lives, should be held to a higher standard, not a lower one. Apparently, this is still extremely controversial in America, where our culture insists that it be the opposite way: hold police to a lower standard, let them steal, beat, rape, and murder almost at will. In a sick society like this, one shouldn't wonder why the masses are cheering on the burning of police stations and courthouses. In a society like this, police are just the biggest gang and frankly, any action against them is defensible ethically, if not legally.
The root problem is not the cops. Well, the abusive cops seriously aggravate the problem. And the police is the enforcement arm of the system.
But the root cause is the economic system on which America is built, and which it enforces throughout the world with its military, and enforces domestically with its militarized police.
Predatory capitalism has run its course for the past 500 years. It’s all about extracting from the poor, and feeding it to the rich, the well connected, and the powerful. In this case, the rich are the white wealthy Americans, and they have been at the top of the ladder for the past 300 years in America.
America needs a new economic system.
What’s the point of making $15/hour, or $30,000/year, when your rent costs you $15,000/year, or 50% of your gross income? You barely have any money left over for other mandatory necessities.
Meanwhile, the oligarchs that owns the stock market and Wall Street, and Fortune 1000 companies, lives lofty lives, and Bezos is about to become the world’s first Trillionaire. And if they fail, and screw up the economy for everyone else, then well, they’ll just get another bailout. The poor ends up paying for it, since costs go up for everyone.
But in an alternate universe, Floyd was arrested because he was suspected of using a fake $20 bill. But somehow, he drives a Mercedes Benz SUV, which is a rather fancy vehicle for someone to be driving, who’s suspected of using a counterfeit $20 bill.
The rents are too high. The cost of living is too high.
The wealth distribution is not even. And what we have right now in America, is run-away capitalism, where the rich takes all the money. And the poor, the destitute, and especially the minorities continue to suffer.
This fosters a society where poor people are destitute, And they resort to unlawful things, and the larger society mandates tougher cops and tougher predatory criminal laws. Which feeds ever more on itself, in a vicious cycle, until something finally breaks. And that’s what we have this week, with the death of Floyd, and the nationwide protests.
If you can solve the economic system, then maybe, you can get cops who are not afraid of minorities. But to be honest, I have little hope of either issues ever being solved.
TLDR: any society which refuses to provide social democratic floors to people will increasingly rely on violence to maintain its social order. You can’t expect policing to be the primary means with which we deal with things like the housing and healthcare crisis without disastrous consequences.