HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Why Bad Cops Aren't Punished: The Case Against Qualified Immunity

Views:878
@ReasonVids

Police officers shouldn't be above the law.

----
Subscribe to our YouTube channel: https://www.youtube.com/ReasonTV?subconfirmation=1
Like us on Facebook: https://www.facebook.com/Reason.Magazine
Follow us on Twitter: https://twitter.com/reason

Reason is the planet's leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won't get from legacy media and old left-right opinion magazines.
-----

Following the police killing of George Floyd, the once-obscure legal doctrine known as qualified immunity has been thrust into the national spotlight.

The judge-made doctrine effectively shields police from most civil lawsuits unless their specific conduct has been "clearly established" as unconstitutional in a previous case.

"You know, there's an old adage, ignorance of the law is no excuse," says William Baude, a professor at the University of Chicago Law School. "The one group of people for whom it is an excuse are the government officials who…should know what they are and aren't supposed to do."

This sweeping protection, wich was never voted on or signed into law, evolved over decades of judicial actions to give government officials room to make judgment calls without fear of lawsuits.

"The court can fix it anytime," says Baude. "But Congress can also fix it. Because it's just an interpretation of a statute that Congress wrote, Congress also has the power to step in…to either change the doctrine or repeal it entirely."

The Supreme Court recently dealt a blow to reformers by declining to hear a set of cases questioning the constitutionality of qualified immunity. Currently, the only hope for quick reform is legislation like the Ending Qualified Immunity Act, co-sponsored by Rep. Justin Amash (L–Mich.).

"I don't think reforming or even abolishing qualified immunity is going to change all the problems we have with policing in this country," says Baude. "There's a lot of research that police unions are another huge part of the problem because they make it really hard to hold bad apples accountable….But I do hope that by creating the sense that the police are not above the law, that it could sort of lead to some of the bigger cultural changes we probably need."

Produced and edited by Meredith Bragg; protest footage by Mark McDaniel, Zach Weismueller, and Paul Detrick. 

Photo credits: Image of Sport/Newscom, Anthony Behar/Sipa USA/Newscom, Graeme Sloan/Sipa USA/NewscomKaren Neoh/Flicker, Tom Williams/CQ Roll Call/Newscom, Aaron Guy Leroux/Sipa USA/Newscom, Everett Collection/Newscom, Doug Mills/picture alliance / Consolidated/Newscom, Brian Branch Price/ZUMA Press/Newscom, Adolphe Pierre-Louis/ZUMA Press/Newscom, Stefani Reynolds/CNP/AdMedia/Newscom, Joel Marklund/ZUMA Press/Newscom, John Rudoff/Sipa USA/Newscom

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
qualified immunity
,
george floyd
,
police misconduct
,
cops
,
police abuse
,
reform
,
qi
,
lawsuit
,
supreme court
,
protest
,
blm
,
black lives matter
,
police reform
    Thumbnail for Citizen vs. Government (Vol. 2)2:11
    Citizen vs. Government (Vol. 2)
    ReasonVids
    862 views
    Thumbnail for Biden Energy Secretary Jennifer Granholm says she supports requiring the U.S. military to adopt an ALL-electric vehicle fleet by 20300:34
    Biden Energy Secretary Jennifer Granholm says she supports requiring the U.S. military to adopt an ALL-electric vehicle fleet by 2030
    AOUisgay
    575 views
    Thumbnail for Hockey Players try Red Bull Crashed Ice Track for the first time WITHOUT Practice! | Hockey Tutorial13:01
    Hockey Players try Red Bull Crashed Ice Track for the first time WITHOUT Practice! | Hockey Tutorial
    invidious
    296 views
    Thumbnail for Keep calm and carry on0:30
    Keep calm and carry on
    bestofvoatxyz
    1053 views
    Thumbnail for People have lost their minds0:09
    People have lost their minds
    bestofvoatxyz
    1751 views
    Thumbnail for Is The Jacket libertarian?1:17
    Is The Jacket libertarian?
    ReasonVids
    942 views
    Thumbnail for Scotland Yard has launched an investigation of Israel for its war crimes in Gaza. Zionists investigating jews, thats rich, nothing to see here folks. It's called damage control. Just making empty statements until the genocide is complete.6:19
    Scotland Yard has launched an investigation of Israel for its war crimes in Gaza. Zionists investigating jews, thats rich, nothing to see here folks. It's called damage control. Just making empty statements until the genocide is complete.
    AOUisgay
    467 views
    Thumbnail for 🧼 #skincareroutine  #skincare | Nursema0:36
    🧼 #skincareroutine #skincare | Nursema
    invidious
    397 views
    Thumbnail for Jeffrey Tucker on Liberty.me and How the Internet Undermines the Nation-State6:03
    Jeffrey Tucker on Liberty.me and How the Internet Undermines the Nation-State
    ReasonVids
    947 views
    Thumbnail for Our Rulers Never Learn11:36
    Our Rulers Never Learn
    AmericanRenaissance
    2066 views
    Thumbnail for daredevil1:00
    daredevil
    bestofvoatxyz
    1419 views
    Thumbnail for There Was BARELY Time To Finish | Warcans16:55
    There Was BARELY Time To Finish | Warcans
    Zeepkist.topic
    589 views
    Thumbnail for Lossman1:00:00
    Lossman
    Fromcytube
    528 views
    Thumbnail for Promises made, promises kept0:59
    Promises made, promises kept
    bestofupgoat
    65 views
    Thumbnail for The Wedding Singer - Somebody Kill Me Please (HQ, Best Quality) | Slum Canadian2:14
    The Wedding Singer - Somebody Kill Me Please (HQ, Best Quality) | Slum Canadian
    invidious
    148 views
    Thumbnail for I went to Japan’s futuristic convenience store | Japan Eat1:00
    I went to Japan’s futuristic convenience store | Japan Eat
    invidious
    189 views
    Thumbnail for Irish zogbot gets btfo0:34
    Irish zogbot gets btfo
    bestofupgoat
    453 views
    Thumbnail for Immortality through delicious t shirt money4:38
    Immortality through delicious t shirt money
    murdochmurdoch
    1217 views
    Thumbnail for Folk High Schools, Adult Education, and the Philosophy of Nikolaj Grundtvig10:32
    Folk High Schools, Adult Education, and the Philosophy of Nikolaj Grundtvig
    ReasonVids
    833 views
    Thumbnail for Badass Danish Girl (1969)0:35
    Badass Danish Girl (1969)
    bestofnab
    1860 views
    Thumbnail for The Holohoax0:47
    The Holohoax
    AOUisgay
    550 views
    Thumbnail for How to Impeach the President (Or Not)2:29
    How to Impeach the President (Or Not)
    ReasonVids
    925 views
    Thumbnail for Remy: I Like it, I Love it (Tim McGraw Parody)2:03
    Remy: I Like it, I Love it (Tim McGraw Parody)
    ReasonVids
    958 views
    Thumbnail for How the Government Bungled the Coronavirus Response1:03:52
    How the Government Bungled the Coronavirus Response
    ReasonVids
    850 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
,
qualified immunity
,
george floyd
,
police misconduct
,
cops
,
police abuse
,
reform
,
qi
,
lawsuit
,
supreme court
,
protest
,
blm
,
black lives matter
,
police reform
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle