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A Political Solution We Can All Agree On!

 
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sushilover




 
 
 
 

Post  Sun, May 31 2020, 12:08 pm
To be honest, I haven't even opened up any threads about the killing of George Floyd and the violent riots going on now, as I don't have the mental capacity to read the inevitable partisan bickering. But I do believe there is a solution we can all agree on, no matter where you are on the political spectrum.

Let's revisit qualified immunity.

Qualified immunity is legal doctrine that shields police and other government officials from liability unless there is a "clear" legal precedent that that behavior violates federal law. This law is vague and unforgiving. Unless a precedent case can be found that matches the exact circumstances, the police or government often get off scot free even when their behavior was clearly inexcusable.

Both Justices Clarence Thomas and Sonya Sotomayor have spoken out in favor of limiting or more clearly defining this law. As Judge Don Willet wrote: "To some observers, qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behavior- no matter how palpably unreasonable, as long as they were the first to behave badly. "

We can hope that George Floyd will see justice, but there were so many cases where justice was not served thanks to qualified immunity.
In 2019, a teen was holding an airsoft gun with an orange tip. His friend was killed when an officer shot him without warning. The officer was granted qualified immunity.
In September, officers who stole $225,000 while executing a search warrant were granted qualified immunity by the 9th circuit court of appeals.
Even in our own community, in a more minor, but still disturbing situation a few months ago- a frum man was rear ended and injured on the Garden state and an officer was filmed refusing to allow Hatzolah to treat him and threatened Hatzolah members when they attempted to do so. During a hearing, qualified immunity was invoked and the cop was not given even a warning, even though there was absolutely no reason for his behavior. Imagine the consequences if a civilian had threatened first responders and didn't allow them to treat an injured patient!


So how about it?
Can we all agree on a solution? I know it won't' solve all problems, but at least it's a very significant start.
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