Cato's Clark Neily explains problems linked to 'qualified immunity doctrine'

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  • @aluke6059
    @aluke6059 3 роки тому +9

    I'm law enforcement and QI causes my blood to boil 😤. This needs to be Abolished. I joined to protect and serve my community and should be held at a higher standard.

    • @bradcrosier1332
      @bradcrosier1332 Рік тому +1

      I often say there are virtually no good officers out there. You appear to be one of the few - thank you.

  • @corin164
    @corin164 4 роки тому +9

    In a country where the government states that no one is above the Law, how is it that some people's actions are "above the Law". "Qualified Immunity" is no different than the ancient doctrine of the "Divine Right of Kings".

  • @rockymntnliberty
    @rockymntnliberty 4 роки тому +45

    Here's a little hint for the higher level courts: if an officer does something that would put a civilian in jail, and does it without an extremely good reason, their immunity should be gone. The description of the woman in bathing suit getting assaulted by the cop, should have gotten him about 1 to 3 years in jail, not immunity.

    • @RickTheGreatestPosterEver
      @RickTheGreatestPosterEver 4 роки тому +5

      A _hint_ is not how we change laws here in America- an informed and educated public is.
      *WE THE PEOPLE* elect the representatives that write and vote on bills. Unfortunately, we're electing people based on identity such as gender or race instead of policy. If Ron Paul had won in 2008, you wouldn't have qualified immunity, no-knock raids, the Patriot Act, civil asset forfeiture, the war on drugs and a plethora of things that disproportionately effect minorities. Alas, the public felt it would be "cool" to elect Obama so we can not look like racists to the rest of the world. And we're on track to do it again by electing Joe Biden instead of Bernie. It doesn't make sense.
      George Floyd was murdered by cops and we go burn down Wendy's and loot Target when it was THE POLICE who committed the offense. Do you know how much stuff they have in the property room that they have stole from people using civil asset forfeiture? If #BlackLivesMatter , then you should elect representatives who's POLICIES will make a difference and not the guy that wrote the goddamn 1994 Crime Bill just because he's "friends" with Obama. That guy screwed you over too. You got screwed by Obama, you're getting screwed by Trump and you're going to get screwed by Biden.
      Alas, you can't cure stupid. The Supreme Court review on qualified immunity was last week and they deferred it to Congress. That means *WE LOST.* So now that the Supreme Court just screwed you, will you burn it down? No, you'll burn down Sears and harass a bunch of motorists and give them Covid-19.

    • @leeemenheiser8607
      @leeemenheiser8607 4 роки тому +4

      Yep Ron Paul was for ending all that mess. That's why I liked him so much

    • @rockymntnliberty
      @rockymntnliberty 3 роки тому +3

      @Oh Wait
      Correct, it does not. It also has nothing to do with common sense, morality, Justice, or even the law. It is a CYA device created by the courts to give ridiculous absurd protections to jack-booted Thug cops.

    • @rockymntnliberty
      @rockymntnliberty 3 роки тому +1

      @Oh Wait
      LOL, cynical much? Sadly, you are mostly right with a few exceptions.

  • @charlesstubbssr8353
    @charlesstubbssr8353 4 роки тому +15

    Why do police say they are the law? They are not the law but are suppose to represent the law. That is the ultimate problem. The law has made them Supreme Gods.

    • @lthompson6750
      @lthompson6750 4 роки тому +4

      They are 'legal criminals'. They are 'above the law.' Tell Nancy, she keeps telling us no one is above the law. She lies!

  • @americawehaverights3926
    @americawehaverights3926 4 роки тому +8

    We the people should have the vote on this. IN MY OPINION

    • @GringoPatrick
      @GringoPatrick 4 роки тому +6

      Call your rep and tell them to back Justin Amash and Ayanna Pressley in there efforts to repeal qualified immunity.

    • @lthompson6750
      @lthompson6750 4 роки тому +2

      @@GringoPatrick Share this everywhere. The more we get the word out, the more people will be aware of it. People really don't know about this law.

  • @guesswhomartin9249
    @guesswhomartin9249 4 роки тому +2

    Abolish Qualified Immunity completely. And get rid of Police Unions completely.

  • @DugganSC
    @DugganSC 4 роки тому +3

    For those curious, the case he references can be read about at www.supremecourt.gov/DocketPDF/19/19-682/123715/20191126132501237_Appendix.pdf, and he kind of glosses over some of the details, including that the qualified immunity was not upheld on the charge of excessive force, although the appeal was based on what he said, that there was not an effective precedent for a suspect (albeit one who didn't know they were a suspect, here for interfering with the arrest when she allegedly got between the officer and the car that they were taking her boyfriend to) passively resisting by walking away from an officer who had asked them to stay and finish answering questions.
    But I think that charge was rightfully upheld and immunity rejected. That was excessive force, and unnecessary.

  • @ellegroover
    @ellegroover 4 роки тому +28

    I bet since the death of George Floyd, it should be much easier to change this BS.

    • @ihatecrackhead
      @ihatecrackhead 4 роки тому +2

      black privilege
      I have to explain myself when leaving or entering a job site, in a work truck covered in dust from working, with my own tools. I didn't flee, I didn't get shot. now let's compare ahmaud who never held a job
      walks into jobsite on foot, no tools, prowling is illegal and is also suspicion of conspiracy to commit burglary, a felony. flees the crime scene, refuses to tell anyone why he was there, everyone knows he committed a crime and is fleeing, even ahmaud knows he committed a crime and ANY americans could ask him what he was doing
      so that gives him the right to take away guns forcefully BECAUSE he's black and just got caught committing crimes?

    • @Reathety
      @Reathety 4 роки тому

      Sadly it wont. For many in Congress and the President they've already stated that ending qualified immunity is a nonstarter.

    • @anapaulafarano3070
      @anapaulafarano3070 4 роки тому +1

      The supreme court denied reexamining the doctrine this week. And sadly most people have no idea about this doctrine to begin with. We should all know, especially when there are resources like this at our fingertips so that we can educate ourselves. We are steadfast to accept mass media headlines in an age of instant gratification, but refuse to put in the time to be as educated and aware as our lawmakers and representatives are. Our lack of knowledge has clearly been weaponized against us. And we are serving ourselves an injustice by letting it happen. We can truly create change, but it takes numbers.

    • @corin164
      @corin164 4 роки тому +2

      Don't bet on it. There are too many "law and order" types out there that will sacrifice their Rights to maintain the status quo.

    • @DutchOrbit
      @DutchOrbit 4 роки тому +1

      ihatecrackhead none of that is true

  • @kennethpollard5041
    @kennethpollard5041 4 роки тому +23

    This is a way to strip the people of their rights and remove the right of the people to do process and the right to hold government accountable for their tyranny and authoritarian tendencies

    • @ppdntn1
      @ppdntn1 Рік тому +1

      D-U-E not "do" process. Larn tu scpel m0r0n.

  • @stevenmccormack2014
    @stevenmccormack2014 2 роки тому +1

    A criminal act that protects cop or government officials from accountability .

  • @BarryJSilva
    @BarryJSilva 3 роки тому +2

    The SCOTUS must detail the differences and circumstances between Absolute Immunity and Qualified Immunity.
    Police do not have Absolute Immunity. Police should not have any immunity.

  • @hambone2335
    @hambone2335 2 роки тому +2

    We will never solve our problem with out of control bad cops until we eliminate qualified immunity.

  • @Ripprock1
    @Ripprock1 4 роки тому +1

    Thank You Thank You Thank You Mr. Neily.

  • @Will-ql5db
    @Will-ql5db 2 роки тому +1

    In other words, "CLEARLY ESTABLISHED" makes holding police accountable for their actions impossible, because they are essentially hiding behind a CATCH-22.

  • @doc693
    @doc693 3 роки тому +1

    Also Judges and Members of Congress, But theirs are Absolute Immunity.

  • @ppdntn1
    @ppdntn1 Рік тому +1

    One does want criminal charges filed. Q. I. only applies to Civil actions. The cop that assaulted the woman committed a crime. See prosecutions for violations of Oath of Office, official oppression, and 18 USC 241, 242 for starters. There is no Q. I. for these or other criminal acts.

  • @N21X
    @N21X Місяць тому

    I feel this is the first step towards police accountability. I have found that many municipalities will pay the amount award to a defendant when an officer loses qualified immunity anyways. This way the officer really is never at risk for personal liability, even if there isn’t Qualified Immunity.

  • @walterbass290
    @walterbass290 3 роки тому

    /im facing 4-32 yrs. for speaking out on her felony hipaa violation n selective justice!

  • @pattyfultz9052
    @pattyfultz9052 3 роки тому +1

    Qualified immunity and civil asset forfeiture should be repealed and thrown in the garbage. This just another way for government to oppress the people.

  • @patrickdecambra2219
    @patrickdecambra2219 3 роки тому +1

    Abolish qualified immunity

  • @doc693
    @doc693 3 роки тому

    No; they will never end it.

  • @BarryJSilva
    @BarryJSilva 3 роки тому +1

    NY has eliminated qualified immunity for police 3/26/2021.

  • @sdnlawrence5640
    @sdnlawrence5640 4 роки тому +8

    Will QI protect roid-raging cops from a well-deserved 12 gauge?

  • @gregm3139
    @gregm3139 4 роки тому +1

    The concept of qualified immunity (not the term) is originalist and goes way back in common law. Without it, every action by police to disrupt criminal acts, would be a potential for a lawsuit. No doubt, the swimming pool thing is idiotic and the cop should be prosecuted and liable. But getting rid of QI without defining what immunity the police need to have, would render the profession of law enforcement dead.
    Further, here is an originalist question for CATO - does the Congress have the legitimate constitutional authority to ban the use of the concept of qualified immunity as it relates to state and/or local law enforcement personnel (without a constitutional amendment)? (My Ans: No, but there is nothing stopping states from doing so.)

    • @andrewgilblom1741
      @andrewgilblom1741 3 роки тому

      One day a TYRANT is going to do this to YOU or one of YOUR family!!!! I'm willing to bet your story will change then COMMUNIST

  • @rancosteel
    @rancosteel 3 роки тому

    The reason the US Congress targets just the police is because if QI was abolished they would be held accountable too.

  • @georgeedwards7234
    @georgeedwards7234 2 роки тому

    Policies are not laws. Constitution says equal protection under the law and the constitution is the supreme law of the land which nullifies qualified immunity period

  • @James-qk3nh
    @James-qk3nh 4 роки тому

    PROSECUTORS, PROSECUTORS , PROSECUTORS , THEY HAVE EMENSE POWER AND DESECRATION THEY DECIDE WHO GETS ARRESTED , HOW MUCH EVIDENCE IS SUFFICIENT TO MAKE THE ARREST AND THEN FILE CHARGES , WHAT CHARGES CAN BE AND ARE ULTIMATELY FILED , RESPONSIBLE FOR INVESTIGATIONS AND GATHERING INCULPATORY EVIDENCE, RESPONSIBLE FOR THE PRESERVATION OF ALL EVIDENCE GATHERED, RESPONSIBLE FOR GATHERING AND PRESERVATION OF ALL EXCULPATORY EVIDENCE , RESPONSIBLE FOR TURNING OVER ALL EXCULPATORY EVIDENCE ( or all charges can be dismissed under violation of the Brady doctrine ) THE PROSECUTORS HAS A CLEAR OBLIGATION UNDER CONSTITUTION LAWS OF DUE PROCESS AND CRIMINAL PROCEDURES TO HAND OVER ALL EVIDENCE THAT IS TO BE TO PROVE THE STATES CASE AGAINST THE DEFENDANT ALL EVIDENCE THAT IS GOING TO BE PRESENTED AT TRAIL OR IS DEEMED AS MATERIAL EVIDENCE ADMISSIBLE AT TRAIL MUST BE HANDED OVER TO THE DEFENSE BEFORE TRAIL PREFERABLE AT DISCOVERY INCLUDING ALL EXCULPATORY EVIDENCE AND AT A MINIMUM OF AT LEAST THIRTY DAY PRIOR TO THE DATE CASE IS SET FOR TRAIL , DECIDES WHAT IS AND IS NOT MATERIAL EVIDENCE, DECIDES WHAT EVIDENCE IS MATERIAL EVIDENCE AND IS THEREFORE EXCULPATORY IN NATURE , WHAT EVIDENCE IS TURNED OVER TO DEFENSE AS EXCULPATORY EVIDENCE BASED ON IF THE PROSECUTOR THINKS ITS MATERIAL EVIDENCE THIS BEING LEFT TO HIS OR HER DISCRETION ABOUT THE MATERIALITY OF THAT SPECIFIC PEACE OF EVIDENCE, , PICKS WHAT EVIDENCE IS PRESENTED TO THE GRAND JURY FOR INDICTMENT PROCEEDINGS, RESPONSIBLE FOR THE PROSECUTORS ROLE IN THE PROSECUTION OF THE DEFENDANT CHARGED WITH A CRIME OR CRIMES ETHER PROVING THE STATES CASE BEYOND ANY REASONABLE DOUBT OR LOSING THE CASE BY JURY VERDICT OF NOT GUILTY , HAS A HAND IN RECOMMENDED SENTENCING PROCESS , AND CAN RECOMMEND THE DEATH PENALTY BY LETHAL INJECTION OR BY ELECTROCUTION UNTIL THE DEFENDANT IS DEAD DEAD DEAD AFTER SETTING ON DEATH ROW FOR 25 or 30 YEARS . AND THEN ALL APPEALS ARE DENIED THE DEFENDANT THEY SET ON DEATH ROW FOR TWO OR THREE DECADES THERE APPEAL IS PULLED OUT OF A FILE CABINET 25 YEARS AFTER THE FACT AND IS REVIEWED AND BLOOD DRAWN FROM THE DEFENDANT AND A DNA TEST IS DONE AND THE TEST SHOW ITS NO MORE THAN ONE IN ONE BILLION CHANCES THE DEFENDANT COULD BE GUILTY OF THE CRIME THE DEFENDANT IS NOT GUILTY OF THE CRIME HE OR SHE HAS BEEN SETTING ON DEATH ROW AWAITING DEATH SENTENCE TO BE CARRIED OUT ONE DAY FOR THREE DECADES . AND UPON FURTHER INVESTIGATION A CONFESSION IS FOUND IN THE BACK OF AN OLD FILE CABINET IN THE COUNTY PROSECUTORS OFFICE WITH THE REAL CRIMINAL WHO IS GUILTY HIS SIGNATURE AND THE PROSECUTORS WHO IS STILL ALIVE AND WELL HIS SIGNATURE IS ON THE CONFESSION TO . BUT HE HIDES THE CONFESSION AND CONVINCE A JURY TO CONVICT A MAN THAT HE KNEW AT THE TIME WAS A INNOCENT MAN BUT HE DONE IT ANYWAY . THEN COME TO FIND OUT THE PROSECUTOR WAS FOULING AROUND WITH THE DEFENDANTS WIFE HAVING AN AFFAIR WITH THE DEFENDANTS WIFE AT THE TIME THE PROSECUTOR HAD HIM ARRESTED THEN FILING CHARGES ON HIM AND GOT A WON A WRONGFUL CONVICTION BY JURY VERDICT OF GUILTY AS CHARGED . SENTENCE WAS DEATH BY ELECTROCUTION AND THE PROSECUTOR KNEW ALL THE TIME THE DEFENDANT DID NOT GUILTY OF ANY CRIME HE FRAMED THE DEFENDANT CAUSE HE WAS HAVING A AFFAIR WITH HIS WIFE THAT LASTED TWO MORE YEARS THEN HE MOVED ON TO THE NEXT ONE .
    DO YOU KNOW WHAT THE DEFENDANT CAN DO TO THIS PROSECUTOR FOR THIS TERRIBLE ACT OF INTENTIONAL WRONGFUL CONVICTION OF A MAN HE KNEW WAS INNOCENT .
    NOT ONE DAM THING ZERO CANT EVEN SUE HIM IN CIVIL COURT MUCH LESS CHARGE HIM WITH A CRIMINAL OFFENSE OF SO CALLED MALICIOUS PROSECUTION. , THE PROSECUTOR HAD VITUAL ABSOLUTE IMMUNITY . NOW THIS IS NO MADE UP STORY HERE , THAT IS A TRUE STORY IT REALLY HAPPENED AND NOT ONLY ONCE BUT I DAM IF I KNOW HOW MANY TIMES IT HAPPENED MORE THAN ONCE I CAN PROMISE YOU THAT MUCH . ( THAT IS WHAT ABSOLUTE IMMUNITY IS ) AND THAT IS WHAT IT DOSE TO PEOPLE. (IT NEEDS TO BE ABOLISHED FROM THE FACE OF THE EARTH ) WERE WE CAN THEN HAVE A JUSTICE SYSTEM WERE NO MAN IS ABOVE THE LAW . PROSECUTORS ARE THE LAST PEOPLE ON EARTH WHO SHOULD BE GRANTED IMMUNITY THIS IS THE KINDS OF THINGS THEY ARE CAPABLE OFF AS LONG AS THEY CAN DO IT WITHOUT FEAR OF PROSECUTION THEY WILL NEVER STOP DOING IT . IM NOT SAYING ALL PROSECUTORS ATE BAD PEOPLE THERE JUST ATTORNEY ELECTED BY THE VOTERS IN EVER COUNTY IN EVERY STATE TO PROSECUTE THE BAD GUYS IN THAT PARTICULAR COUNTY WERE THAT PROSECUTOR MOST LIKLY LIVES HIMSELF . HES JUST A MAN NOTHING SPECIAL ABOUT HIM HE WENT TO A LOCAL LAW SCHOOL COUPLE YEARS PASSED THE BAR EXAM STARTED A LITTLE LAW PRACTICE DOWN ON THE CORNER OF FIRST AND VINE . PRACTICED LAW WON A FEW LITTLE CASES NO BIG DEAL THEN HE DECIDES HE WANTS TO BE A POLITICIAN SO HE RUNS FOR DISTRICT ATTORNEY AND BASICALLY UNOPPOSED NOBODY IN TOWN REALLY WANT THE JOB GOOD DEFENSE ATTORNEYS MAKE A LOT MORE MONEY . SO HE WINS THE ELECTION AND HE HAS AUTOMATICALLY HAS THE POWER AND AUTHORITY TO GET ANY MAN IN THAT COUNTY FRIED IN THE ELECTRIC CHAIR AND ALL HE HAS TO WORRY ABOUT IS GETTING RE-ELECTED NEXT TIME WERE HE WILL MOST LIKLY RUN UNOPPOSED. HE CAN LITERALLY RUN UNOPPOSED TIME AFTER TIME SO THE VOTING SYSTEM TO GET RID OF CORRUPT PROSECUTORS IS USELESS AS TETS ON A BOAR HOG . THINK ABOUT IT , IT COULD HAPPEN TO YOU.

  • @VilMagno
    @VilMagno 4 роки тому +1

    Please get rid of this bad doctrine thank you

  • @johnf6687
    @johnf6687 4 роки тому +1

    Government tort claim breaking the vail of qualified immunity

  • @huallacanes100
    @huallacanes100 3 роки тому +1

    That would fucking nice if i can create a doctrine that nobody can come after me when I commit a crime, but then again we are talking About the fucking government protecting its self

  • @bobbeckel5266
    @bobbeckel5266 4 роки тому +4

    Wow! Good luck discovering any Brady violations.

  • @dingohammer1136
    @dingohammer1136 3 роки тому

    Qualified immunity is why our cities are burning.

  • @bonniebrewster3395
    @bonniebrewster3395 4 роки тому

    OH!!! So that's why they do what they do, they know they're protected..F that bruh...Why? We can't have that, sounds like good shit to have.

  • @walterbass290
    @walterbass290 3 роки тому

    /ron bass carthage mo.a mo.worker took my hipaa info.a felony n her bro in law is the mayor n det.framed me n now railroadin me!

  • @markhellman-pn3hn
    @markhellman-pn3hn 3 роки тому

    hhmm? what would happen if the Nazis & Gestapo had more power?? ... hey, i've got a great idea... lets give the police the same powers that the gestapo had - and lets give the government the same powers the Nazis had ... WOULDN'T THAT BE FUN !!

  • @whiskeybrown262
    @whiskeybrown262 4 роки тому

    here in 2020 #breonnataylor #georgefloyd

  • @mlcook5872
    @mlcook5872 4 роки тому

    Qualified immunity MUST END IMMEDIATELY! This must happen before we don't have a country. I am a middle class woman who had a very bad/frightening experience when l was young. I never told my husband until the George Floyd murder. He couldn't understand my immediate, intense, emotional response. I don't condone the riots but l understand them. If qualufied immunity isn't abolished, the next time, l will support the consequence.