Examining Qualified Immunity of the Police
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- Опубліковано 19 сер 2024
- Qualified immunity shields the police from civil suits for money damages unless certain conditions are met. But so high-profile police shootings and increased calls for greater law enforcement accountability, is it time for the Supreme Court to reassess the doctrine? Professor Fred Smith, Jr. of Emory University School of Law explains to guest host Ingrid Bilowich how qualified immunity came to be and whether its justifications still hold up today.
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TRANSCRIPT
Very timely video, thank you for sharing! I really enjoyed the part about how we define "clearly established."
Qualified immunity is not needed. The Good Faith Clause is more than enough for decent professional police officers.
@Donald Carello google maps on everyone's phone keeps track of every place you have ever been unless you turn it off. Most people don't. You can literally look and see exactly where you went on a certain day a few years ago. Once in a while I'll check out my girlfriends phone and see what's up. Also there are many key logger apps on the play store. Download 1 onto her phone and then hide the app. Then you can see everything she types on her phone. Texts, facebook, messenger, web searches etc
Case laws determine if a police has qualified immunity. Qualified immunity is only for those police officers who did their job in the scope of department policies and the law. If the officer violates either he can be sued both civil and criminal.
@@danielpickrell8311 not where i live. I live in colorado. Governor Polis ended qualified immunity for police officers. The good faith clause is more than enough for honest ethical police officers.
@@CasaBonitaSucks so if an officer gets sued for the right thing he goes to jail
@@danielpickrell8311 if an officer gets sued up to 25% of the amount awarded comes out of the officers personal bank account the rest the city pays. And officers are also criminally accountable. The D.A. decides to prosecute or not.
Need to get rid of asset forfeiture laws also, the police should not be able to steal peoples property or money without charging them with a crime.
Such an important point. We're working on something on that topic! Will reply here when we have that vid up.
Sheriffs handle asset forfeiture on the civil side. City police can only acquire items associated to a criminal act. If a person cannot pay a fine a judge can order a seizure of items to pay the fine.
The ability for a regular civilian to sue a police office is hard with almost support from the legal representation unless your physical harmed . Most lawyers don’t care about the constitution the system of legal representation is watered down and drive on private political agenda with very few doing the work on the behalf of “we the people”
How do we police the police if they break their oath we hang them. How's that?
No, that’s going against basic human right… we can’t just kill them or some thing.
The only government to have any faith in is the smallest ones that serve We The People, not the government.
There’s no excuse you wasn’t forced to do the job you signed up for. You can’t give persecution of a government official immunity as a token reward of ensuring that they actually do their job. That makes them very well immune to their own policies thus making them professional criminals with support and protection .
You have no idea what you signed up for til you do it. It’s very traumatic being an urban Police officer, your mental health degrades over time due to repeated exposure to violence. Not all that different from what happens to people who grow up in a violent neighborhood. It’s important to remember there is no us and them we are the people. The police are the people. They are just human.
Openpolice.org will help you prepare and submit a professional formal complaint against an officer. They will also post your complaint on there website for all to see forever. Help build a database of bad cops.
Explain how drinking and being in a traffic collision is punished more harshly than being careless and in a collision. A collision is a collision. Number 1 cause of fatalities in collisions is distracted driving (cell phone-texting). then speeding, following too closely. driving too fast for conditions...DUI is not even on the list. Police lie on the stand constantly (wink wink). Police have not stopped crime. They do not protect anyone and they take your tax dollars in salaries $70k $100k average for patrol officer.
In courtroom "all rise" when judge comes in and everybody must. Respect? No, fear. What do police need M16s for? Yes they have them.
There should be no qualified immunity Laws and any Court in the USA The police when they do wrong doing should be charged and fired Man put in jail for their insanity Because if they shot and killed an innocent person they should go to jail For 25 years no parole This makes the common standards
Qualified Immunity doesn't apply to officers who violated department policies, laws and case laws associated with qualified immunity
This video was taped prior to the shooting of George Floyd and can be found on our website (www.talksonlaw.com). Publishing to UA-cam in order to make Prof. Smith's insights more accessible in a time of heightened focus on holding police accountable for their actions.
George Floyd wasn’t shot.
unless you pay the officers 600k a year why would they even think about taking this job.???
Because it's not about the money
When someone used the word they it’s because the government allows a system to remain in place that attacks a certain people without the same standard of law applied . The moment a police do a crime and walk away without ever being arranged then it’s almost impossible to convict the police. Because a police report of arrest serves as the bases for arrest of a criminal offense. But when there’s no accused criminal offense then you have to rely on the court aka grand jury to bring charges. Which almost never happen. The courts main ingredient that they use to prosecute people is an arrest police report. When this doesn’t exist now it leaves room to interrupt the facts pertaining to any particular rudiments.
Sue the government? So who is the government? Is the government the actual state? Is the government the United States or is the government the United States of America ?
This needs to happen in every state in the US Slowly but surely things are changing for the better, So far only Connecticut has passed a new law As of July 2021, police officers there will have to pay own lawsuits, and related damages, if a court decides that the officer engaged in the malicious or willful act. For all other folks living in other states, you need to flood call your lawmakers and demand the same and possibly these changes might only happen due to the exposure of corrupt cops by individual auditors.
They didn't need to pass a law it's already implied in qualified immunity. Qualified immunity is for police officers who acted within the scope of department policies and the law.
Accountability Is The Golden Rule.
At The Age Of Six We Know Right From Wrong.
A Thought. It's Either Right Or Wrong. it Can't Be Almost Right Or Almost Wrong.
It Seems When Attacks Are Being Made On A Person; The Ones Doing The Attacking Get A Rush And It's Hard To Stop.
Like Child Beaters!
You Don't Keep A Thief On The Job; And Say Well I May Not Be Able To Get Anybody Else To Work For Me.
Maybe All Workers Should Have Qualified Immediately
From Termination From Their Employers.
His Name is Jesus. Trust Him.
Read: Psalm 118.
Qualified immunity is another term for allowing persons in government to get away with crimes where a common citizens who committed same crime would get long prison sentences. They want to save face. Who says that a president should not receive jail time. Could a judge hear a case against his boss for committing felonies?
Qualified immunity doesn’t even apply to criminal matters, Only civil. A cop can’t commit a crime and claim he has qualified immunity, that’s not how it works
when we fix qualified immunity we will begin to abolish the caste system in this country.
This law needs to stay in place until war breaks out ,.... find their armory's and take what you need to fight them
They won't abuse this. Shit they will. As sure as the sun rises.
This is borderline stupid. DO the job correctly and right by the law and you have never anythint to fear. the ISSUE comes in when Police encounters situations not covered in their long and intesive 18 week academy ( hardresser acadey is 2-3 years by the way) and that the police reacts with impropper traning though in many cases also at odds with what be called common sense.
And only after the fact is the police officer then tranined, rather then have a system of actually traning this in advance.
Further more is the pressure on police officers to make arrests, and this is why when they make some mistake they always follow up with the default charge of resisting a charge that should always be removed. Resitance is a duty whan a cop is traied AFTER THE FACT and has a pressure to make arrests becuse people that do not have a full picture is scared.
this is the same as banning a weapon on how it looks, or its name, rather than actual fuction, and it is most times made out of good intentions but without the needed knowledge and it always wothout exception backfires, we see this in law enforcement, one freak incident become the new norm, then it is up the ante, in stead of traning to prevent the inciedent to become a norm and then continue.
and we see this with scared people with a lack of actual Knowledge calling the police to tender to their fears, and NOT reality, and the polce is then by the laws made from fear forced to carer to this and this is the problem,
so removing qualified immunity for cops will NOT in any way prevent a cop from doing his job right, but it will prevent a cop from doing it wrong and it should
You guys are delusional…