Message from @ReclaimTheLaw
Discord ID: 783891276168691723
Yes, I am aware of the meaning of qualified immunity. However, I refuse to accept that persons should be held to different standards for the same action. There is one standard, the human standard. What is a just action for one is always a just action regardless of who performs it.
Unless you're of course holding them to a different standard.
An officer can be guilty of murder just like all other persons. One standard. A ditch digger is not given a free pass to commit murder because they are not an officer.
Isn't qualified immunity just protection from civil action?
Pretty sure it is.
We're talking about criminal action.
Was wondering today, about voter ID laws and under the impression most adults carry identification when leaving the house. @Maw
If qualified immunity grants immunity on the basis of an action that is necessary then it must apply to all equally, regardless of status.
Answer the question, if the police have a reason to kick down your door, and enter your house, and the **authority** to do so, is it murder if they protect themselves in self defense when you have a gun pointed at them?
Again if breaking down a door and killing someone is justifiable to stop the rape and murder of a child then it is justifiable no matter who performs that action.
Never brought that up.
Answer the question as presented.
@Maw perhaps the laws that cause the most search warrants to be executed should be nullified?
In order to break down the door they have to have a reason to break down the door. The reason given is a child is being raped and murdered. If the serial rapist points a gun at the person, whether they are a cop or not, they are justified in killing the serial rapist both in self defense and because their action to save the child from rape and murder is justified. If there is a reason to be their and commit the action then it is always just no matter who performs the action.
That wasn't the reason presented.
Answer the question.
I would argue that the universal standard of "lawfulness" is that which is "reasonable" in the given circumstances, which might be generally different for a police officer than for a war veteran, or a pacifist. There are 2 tests of what is reasonable, the subjective and the objective.
And what is reasonable based off of @ReclaimTheLaw ?
You are attempting to ask a question without a reason in order to render it reasonless. I have answered the question. You do not like the answer because you want a tiered justice system where people are treated differently based upon their caste.
I want a justice system where we hold police accountable, yes.
That is a tiered legal system that is and is always unjust.
I disagree.
You are wrong.
modern policing is suited to protect people from other people or people from harming others property not harming themselves.
You yourself said capacity is a meaningful distinction, did you not?
You widen capacity to mean willful ignorance of an act before engaging in that act. So it is acceptable in your approach for someone to rape and murder a child if they don't know it is illegal.
@Maw that is how precedent is created, an "impartial" judgement of what was reasonable in the circumstances, it is the beauty and the difficulty of a Common Law jurisdiction rather than a Napoleonic jurisdiction
@ReclaimTheLaw It's based on the average, reasonable person, yes?
Which, let's be fair, is a fairly low bar.
It is certainly a mountain sized assumption. I don't believe people are rational, only rationalizing, which changes the definition of what is reasonable.
@Maw the average reasonable person does not exist, each person is unique, which is why each case has to be judged on its own merits
Sure, but reasonableness is important to the way our system works, yes? Particularly when it comes to defense.
@ReclaimTheLaw I agree with that assessment. I also maintain that ceteris paribus the same action is justifiable or not regardless of who performs that act.
Did anyone else see this?
Dint see that
Didn't know if troll.
I'm just curious if he got a yes. Haha