upvote
Let's not throw out the baby with the bathwater.

Qualified immunity, as a concept, makes perfect sense. Police officers are not jurists, and they will make mistakes in enforcing the law. Making those officers personally liable for honest mistakes is, IMO, excessive.

The issue isn't qualified immunity itself, but rather the maximalist interpretation that seems pervasive in the US justice system, and the overwhelmingly broad definition of "honest mistake" that seemingly applies to the police, and the police alone.

reply
I think you would find that they would make far fewer illegal mistakes if they actually had to deal with the consequences of those mistakes.

Qualified Immunity didn't exist as a concept until the 1960s, and it was put in place to shield policemen enacting racist policies and corrupt cronies of Nixon.

https://en.wikipedia.org/wiki/Qualified_immunity

reply
I think we would see far fewer actions at all for fear of being sued.
reply
As it currently stands the police already do almost nothing. Any kind of push back or critique of the police leads to inaction by the union. Meaning, police twiddle their thumbs and take your tax money because they can. It's a very effective technique from them to get what they want, because ultimately we need them and we can't actually force them to work.
reply
They could just buy insurance. You know, like doctors, lawyers, and a wide variety of other professionals that deal with liabilities in their field.

Regardless, the police get sued all the time anyways. It's just that the burden currently falls on the taxpayers.

reply
> They could just buy insurance. > the police get sued all the time anyways. It's just that the burden currently falls on the taxpayers.

I fail to see how this would change anything other than increasing taxpayer costs further in the form of insurance profit margin.

reply
deleted
reply
"Doctors and nurses will make mistakes in performing medicine. Making those doctors and nurses personally liable for honest mistakes is, IMO, excessive."

How many other jobs can we apply this to?

reply
And does it apply to, say, my tax returns?
reply
> Police officers are not jurists, and they will make mistakes in enforcing the law. Making those officers personally liable for honest mistakes is, IMO, excessive.

Or maybe police training should be longer than a coding bootcamp... in some countries, police work is an undergraduate major and the programs are quite competitive. Similarly, there are countries without qualified immunity as a policy, and it doesn't seem to fundamentally undermine policework there.

reply

    Qualified immunity, as a concept, makes perfect sense. Police officers are not jurists, and they will make mistakes in enforcing the law. Making those officers personally liable for honest mistakes is, IMO, excessive.
Your own usage of "honest mistake" is overwhelmingly broad, so it's not at all clear what alternative definition of qualified immunity you are advocating.
reply