HOW TO DEFUND:

There are two specific matters that must be addressed to bring an end to police misconduct: a legal concept called "qualified immunity," and police unions. Getting rid of them would accomplish more than a year of street protests.

Some have observed, after a cop uses violence against a civilian posing no danger to him (I haven't seen a female cop do this yet), that the police act like the laws don't apply to them. This is often said rhetorically, but in fact the laws don't apply to cops the way they apply to other citizens, a problem directly traceable to qualified immunity and police unions. The Supreme Court created qualified immunity in 1982 in order to grant all government officials immunity when they violate constitutional and civil rights, unless victims can demonstrate that their rights were "clearly established" by a previous legal case based on nearly the exact same circumstances.

What this means is that when Floyd's family goes to court to seek recompense for his death and hold the four police officers involved accountable, the case may be thrown out unless there happens to be a previous court case establishing the unconstitutionality of a cop kneeling on a man's neck while he's handcuffed. What reasonable person would say they wouldn't know if a cop cutting off someone's windpipe for nine minutes was a violation of his rights unless a court had already established that it was?

Qualified immunity strips citizens of their constitutional rights, just like the recent curfews have. The difference is that curfews are reserved for emergencies and qualified immunity is always in effect. It's a legal doctrine created by judges, not legislators, and it's a violation of American justice principles.

Police unions have also perverted justice. The taxpayers are picking up the tab for this form of "justice," not some wealthy corporation. There's an inherent problem in adding the power of a union to an institution already vested with monopoly power over the use of force against the public.

Tweet   @brothersjudd