Qualified immunity can prevent the fallback option of suing a cop that isn't charged with a crime. But we're underreaching if we focus on the fallback instead of the primary issue of holding people accountable for crimes.
Qualified immunity can prevent the fallback option of suing a cop that isn't charged with a crime. But we're underreaching if we focus on the fallback instead of the primary issue of holding people accountable for crimes.
If you believe the experts that are well-versed in this area, this is not how it works in practice. The Wikipedia article covers a lot of the controversy around this doctrine: https://en.wikipedia.org/wiki/Qualified_immunity#Objections_...
Here is an example of a man in Grand Rapids, Michigan, who was brutally assaulted by undercover officers because they believed he was somebody else. Take a look at how difficult it has been for him to get any recourse for a blatantly obvious abuse of power (6 years and counting): https://twitter.com/AaronParseghian/status/12701818156644966...
The lack of criminal prosecutions is more of an indication that District Attorneys aren't doing their job (or that the reality of their job is that they are disincentivized from prosecuting criminal cops).
But the complaint about how qualified immunity is applied doesn't change the bigger issue that those cops in your example beat up someone and were acquitted of assault. This is focusing on how the fallback lawsuit was prevented by qualified immunity instead of the primary issue that those cops should have gone to jail.
One way to actually fix the problem is external investigation of police complaints and the power to press charges separate from the DA. The vast majority of the time the people investigating a police shooting work in the same building as the shooters, and are often police themselves. Then the DA, which works with the police on most of their cases, ends up being the one that has to prosecute them. These should both be considered conflicts of interest. We need people that aren't friends with the cops to have the power to do something. The investigators should be limited to bringing criminal charges to police that must be tried in court to prevent abuses of their power (otherwise we risk a situation of "who watches the watchmen of the watchmen"). The idea of special prosecutors exists, but for some reason isn't applied to police matters.
Police unions are a problem now, but only because they have the power to fight a police chief over employment terms and threaten to strike. They would not be able to fight the prosecutor from an external organization. Let them fight the police chief over administrative actions and discipline for minor violations all they want (that's what unions are for) as long as punishment for crimes is handled by someone else. This is exactly how it works with every other union- they can fight employers on all sorts of matters, but they don't get a say once a member commits a crime, and police unions should be the same.
Also, with police matters, a lack of evidence should be viewed as suspicious, and possibly considered as supporting evidence for a complaint. The police should wear cameras but they shouldn't manage the recordings. Body cameras should be allowed to be turned off to deal with sensitive issues, but those occasions should be limited and reviewable. If a cop is about to go talk to a rape victim, then the footage leading up that point should be reviewed. If a body camera was turned off when someone filed a complaint about assault, it should be pretty easy to look at the footage leading up to that point and determine if the camera was turned off for an appropriate reason, or if the cop turned the camera off so they could crack some skulls without being recorded. Excuses like "I forgot to turn my camera back on" can be handled with indicator lights and audible tones or having the camera turn back on after a while. Excuses like "my camera stopped working" can be checked to see if the police officer submitted a service request.
None of these issues are controversial. The controversial part is that it costs money to set up an oversight investigation. Usually a politician running with a platform like this is doomed to lose an election because they are talking about raising taxes and they won't have the support of the police union. But if there were ever a time to get this implemented it would be now.
Secondly, "the power to press charges separate from the DA"--this is a stronger form of getting rid of qualified immunity. We already have the power to file "civil" suits, and qualified immunity removes that power in the case of e.g. police. Giving people the power to file criminal charges themselves would be a huge deal. Maybe it is the right thing ultimately, but I think it's obvious how it could be abused; an abusive billionaire could legally threaten their opponents with imprisonment (or worse).
Thirdly, thinking that bodycam reform would be any kind of useful measure, is quite naive, when you look at how many of these recent abuses are recorded on independent cameras, with the police fully aware they are being recorded, and yet they still act as they do, knowing they have this "qualified immunity" to protect them.
I'm not saying that you're completely wrong; some of these reforms may help things a bit. But they don't strike at the root of the issue, and the ship for seeing if more moderate reforms will work has already sailed. The police and cities etc have had literally decades to clean up their act, and in cities across America, they have failed. Time's up.
So it looks like the institutions you are alluding to already exist, they probably need to be empowered more somehow.
[1] https://en.wikipedia.org/wiki/Civilian_police_oversight_agen...
And if you think judges research it all day in their chmabers have a poor understanding of the law, why do you expect police officers in the middle of a violent confrontation to have a better understanding?
People don't appreciate how many frivolous lawsuits go on currently. Imagine getting sued out of your home because some rich asshole you arrested decided to sue you personally.
https://www.nyulawreview.org/issues/volume-89-number-3/polic...
In a legal system where the average person is held responsible for an honest mistake, I think it is necessary for government agents to be held to the same standard.
>Qualified immunity already doesn't protect you if you knowingly break the law
Given how prosecutors so often refuse to hold cops accountable, qualified immunity prevents seeking justice through the last remaining system in place.
>But we're underreaching if we focus on the fallback instead of the primary issue of holding people accountable for crimes.
This is letting perfect become the enemy of better.
Employees are generally shielded from this.
If you want to open it up liability against all workers, then that's a major setback for worker rights.
If you only want to do this for police officers... well, then that's so unfair, no one is going to become a police officer.
https://www.inc.com/articles/1999/11/15396.html
So what people are demanding here would set police officers specifically, in a different lesser class than the general public.
An alternative is to have it so police have no ability to detail, imprison, or use forced against anyone that you or I also don't have (and this would also extent to rights to be armed in places you or I don't have rights to be armed, and other similar rights).
This implies that our legal system holds people responsible for honest mistakes. Our legal system is entirely prepared for these situations without qualified immunity. Qualified immunity exists only to shield people from breaking laws.
> But we're underreaching if we focus on the fallback instead of the primary issue of holding people accountable for crimes.
This is a false dichotomy; we can want both at the same time.
https://en.wikipedia.org/wiki/Qualified_immunity#:~:text=Cri....