MR-D-ROB
Master Sixer
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- 1,011
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- San Antonio, TX
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- Black
- Origin
- USA
One of the things we generally ask for is Police Reform.
The white supremacists are constantly trying to frame the narrative of what that means. Most of their suggestions are trash.
Some people both black and white don't even understand what qualified immunity truly is. I especially don't think white people understand because if they did they would be for removing it.
First let's define and discuss what qualified immunity is.
"Qualified immunity grants all government workers immunity for violating constitutional and civil rights unless the victims of those violations can show that their rights were “clearly established.” Although innocuous sounding, the clearly-established test is a legal obstacle nearly impossible to overcome. It requires a victim of government abuse to identify an earlier decision by the Supreme Court or a federal appeals court in the same jurisdiction, holding that precisely the same conduct under the same circumstances is illegal or unconstitutional. If none exists, the government worker is immune. It doesn’t matter whether the worker’s actions are unconstitutional, unreasonable, intentional, or malicious."
Thus is virtually impossible to overcome. It's like when you try to get the first job but they all require a year of experience. But how do you get the year when no one hires with less than a year.
This is the same because you can't sue a police officer directly unless he violates a right that some one else successfully sued for. But how can that be when no one else is allowed to sue because of this doctrine?
Hopefully this gave a clearer understanding.
What is our overall goal? To stop the violence and mistreatment.
Punishment and consequences is the thing that most likely curbs the bad behavior of police.
Here are some of my suggestions.
1. Remove qualified
2. Require all police to have at least an associates degree. No exceptions.
3. Require a national test with state licensure (like nurses and doctors are required to have)
4. Require police officers to carry liability insurance paid for our of their pocket
5. Create a national agency to investigate law enforcement misconduct
6. Tie federal funding to police misconduct. If any department gets more than 10 founded allegations of misconduct or unlawful use of force their federal funding is cut. Departments would be responsible to investigate. They would then be audited by the national agency I mentioned earlier. If the department says unfounded and the national agency determines it was founded their funding is cut.
* This would force departments to investigate honestly and hold officers accountable.
7. If an officer is accused of unlawful use of force he is suspended without pay pending investigation. Investigation would be required to be at least 2 weeks minimum. Any department that refuses to do so has federal funding cut.
8. Any officer with more than 2 founded use of force allegations is placed into a national database. They are fired and unable to be hired as law enforcement. If the department refuses federal funding is cut until the officer is fired. Any department that hired them has federal funding cut.
9. Criminal investigation into police misconduct and charges are done by federal prosecutors instead of local ones.
10. Any police chief or sheriff that oversees more than 20 founded use of force allegations within a year is mandated to resign immediately.
This creates consequences for their actions. It ties financial consequences for police departments that refuses to hold police accountable.
Requiring college education weeds out some the racist white supremacists who just want to be a cop to abuse black people.
Requiring liability insurance will make them think before acting in an abusive manner because then you could go after their insurance.
Like any insurance if too many claims at filed the premiums would go up causing financial consequences to the officer directly.
Requiring a state license means that the state could punish them and even revoke the license.
The crazy thing is 5,6,7,8 could be done via executive order without any need for Congress to approve. Biden just won't do it!
The white supremacists are constantly trying to frame the narrative of what that means. Most of their suggestions are trash.
Some people both black and white don't even understand what qualified immunity truly is. I especially don't think white people understand because if they did they would be for removing it.
First let's define and discuss what qualified immunity is.
"Qualified immunity grants all government workers immunity for violating constitutional and civil rights unless the victims of those violations can show that their rights were “clearly established.” Although innocuous sounding, the clearly-established test is a legal obstacle nearly impossible to overcome. It requires a victim of government abuse to identify an earlier decision by the Supreme Court or a federal appeals court in the same jurisdiction, holding that precisely the same conduct under the same circumstances is illegal or unconstitutional. If none exists, the government worker is immune. It doesn’t matter whether the worker’s actions are unconstitutional, unreasonable, intentional, or malicious."
Thus is virtually impossible to overcome. It's like when you try to get the first job but they all require a year of experience. But how do you get the year when no one hires with less than a year.
This is the same because you can't sue a police officer directly unless he violates a right that some one else successfully sued for. But how can that be when no one else is allowed to sue because of this doctrine?
Hopefully this gave a clearer understanding.
What is our overall goal? To stop the violence and mistreatment.
Punishment and consequences is the thing that most likely curbs the bad behavior of police.
Here are some of my suggestions.
1. Remove qualified
2. Require all police to have at least an associates degree. No exceptions.
3. Require a national test with state licensure (like nurses and doctors are required to have)
4. Require police officers to carry liability insurance paid for our of their pocket
5. Create a national agency to investigate law enforcement misconduct
6. Tie federal funding to police misconduct. If any department gets more than 10 founded allegations of misconduct or unlawful use of force their federal funding is cut. Departments would be responsible to investigate. They would then be audited by the national agency I mentioned earlier. If the department says unfounded and the national agency determines it was founded their funding is cut.
* This would force departments to investigate honestly and hold officers accountable.
7. If an officer is accused of unlawful use of force he is suspended without pay pending investigation. Investigation would be required to be at least 2 weeks minimum. Any department that refuses to do so has federal funding cut.
8. Any officer with more than 2 founded use of force allegations is placed into a national database. They are fired and unable to be hired as law enforcement. If the department refuses federal funding is cut until the officer is fired. Any department that hired them has federal funding cut.
9. Criminal investigation into police misconduct and charges are done by federal prosecutors instead of local ones.
10. Any police chief or sheriff that oversees more than 20 founded use of force allegations within a year is mandated to resign immediately.
This creates consequences for their actions. It ties financial consequences for police departments that refuses to hold police accountable.
Requiring college education weeds out some the racist white supremacists who just want to be a cop to abuse black people.
Requiring liability insurance will make them think before acting in an abusive manner because then you could go after their insurance.
Like any insurance if too many claims at filed the premiums would go up causing financial consequences to the officer directly.
Requiring a state license means that the state could punish them and even revoke the license.
The crazy thing is 5,6,7,8 could be done via executive order without any need for Congress to approve. Biden just won't do it!