4 ms·

I have always felt that any officer of the law charged with breaking the law should face a mandatory doubling of their sentence. They "know the law" and therefo

I have always felt that any officer of the law charged with breaking the law should face a mandatory doubling of their sentence. They "know the law" and therefore have no excuse. The fact that only one person is being charged despite several others participating in this is just yet one more miscarriage of justice.

searealist 2y ago
How convenient, your political enemies should be subject to twice all legal penalties.
Beijinger 2y ago
"They know the law" No, they don't. They are police officers, not lawyers. Exactly this causes many problems when, sorry to speak this way, testosterone meets incompetence in law enforcement. https://www.youtube.com/watch?v=iiUkbE_ktHs https://www.youtube.com/watch?v=iiUkbE_ktHs
- Brett_Riverboat 2y ago
  I know they don't thats why its in quotes.
- runako 2y ago
  Replace with "should know the law" or "have a duty to know the law" or "know the law better than civilians."
  - argiopetech 2y ago
    Also not true. They have a duty to enforce the law as they understand it (noting that verification is just a phone call away), which may be better than average due to training and experience, or not. Either way, your duty is to cooperate with law enforcement. If they are wrong, the only proper place to determine that is the courts. If they are right, you'll still have avoided a "resisting" charge
    - dymk 2y ago
      The police do not have a duty to enforce the law, as determined multiple times by the supreme court and other federal courts.
  - Beijinger 2y ago
    The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? https://www.amazon.de/Three-Felonies-Day-Target-Innocent/dp/1594035229 https://www.amazon.de/Three-Felonies-Day-Target-Innocent/dp/...
  - nullindividual 2y ago
    Officers are civilians. Never let them forget that.
  - dymk 2y ago
    If they don't even have a duty to uphold the law [1], why would they have a duty to know it? [1] https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
  - michael1999 2y ago
    The US Supreme Court has repeatedly held the opposite - that police officers are immune to prosecution for their ignorance of the bounds of their powers unless explicitly informed.
    - pknomad 2y ago
      IANAL; I believe you are referring to the second prong of the qualified immunity (QI): "right infringed has to be "clearly established" at the time of the official's conduct." We should maintain QI but this second test needs an update.
- chipdart 2y ago
  > No, they don't. They are police officers, not lawyers. How do you enforce laws that you don't know or understand? Think about it. These guys mobilize themselves to use force to achieve their goal. How is step 0 of this whole process not "check if what we are about to do complies with the law"? If they mobilize themselves to use force to achieve a goal through illegal and criminal means, they are not different than organized crime.
nolamark 2y ago
The officers were specifically NOT charged for the raid because of their ignorance and incompetence https://kansasreflector.com/wp-content/uploads/2024/08/Special-Prosecutors-press-release-re-Marion-County-8.5.2024.pdf https://kansasreflector.com/wp-content/uploads/2024/08/Speci... See pages 99 onward “But the special prosecutors also concluded that police — despite their misunderstanding of evidence, a rushed investigation, and faulty and unlawful search warrants — didn’t commit any crimes by investigating a baseless suspicion of identity theft or carrying out the raid.“ https://kansasreflector.com/2024/08/05/special-prosecutors-plan-to-file-criminal-charge-against-police-chief-who-led-marion-raid/ https://kansasreflector.com/2024/08/05/special-prosecutors-p... The changes against the chief are for asking a witness to delete text messages after the raid
- alsetmusic 2y ago
  It's funny how ignorance of the law isn't a valid excuse for me but it is for them.
waihtis 2y ago
This is true for almost anything. 99.9% of the people out there know, for example, that killing another person is illegal. Your logic makes no sense here
- hungie 2y ago
  They are saying police should be held to the highest standards, as enforcers of the law. The punishment for an enforcer should be higher than a punishment for a lay person.
  - Brett_Riverboat 2y ago
    You put it into better words than I could, thank you.

searealist 2y ago

How convenient, your political enemies should be subject to twice all legal penalties.

Beijinger 2y ago

"They know the law" No, they don't. They are police officers, not lawyers. Exactly this causes many problems when, sorry to speak this way, testosterone meets incompetence in law enforcement. https://www.youtube.com/watch?v=iiUkbE_ktHs https://www.youtube.com/watch?v=iiUkbE_ktHs

Brett_Riverboat 2y ago
I know they don't thats why its in quotes.
runako 2y ago
Replace with "should know the law" or "have a duty to know the law" or "know the law better than civilians."
- argiopetech 2y ago
  Also not true. They have a duty to enforce the law as they understand it (noting that verification is just a phone call away), which may be better than average due to training and experience, or not. Either way, your duty is to cooperate with law enforcement. If they are wrong, the only proper place to determine that is the courts. If they are right, you'll still have avoided a "resisting" charge
  - dymk 2y ago
    The police do not have a duty to enforce the law, as determined multiple times by the supreme court and other federal courts.
- Beijinger 2y ago
  The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? https://www.amazon.de/Three-Felonies-Day-Target-Innocent/dp/1594035229 https://www.amazon.de/Three-Felonies-Day-Target-Innocent/dp/...
- nullindividual 2y ago
  Officers are civilians. Never let them forget that.
- dymk 2y ago
  If they don't even have a duty to uphold the law [1], why would they have a duty to know it? [1] https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
- michael1999 2y ago
  The US Supreme Court has repeatedly held the opposite - that police officers are immune to prosecution for their ignorance of the bounds of their powers unless explicitly informed.
  - pknomad 2y ago
    IANAL; I believe you are referring to the second prong of the qualified immunity (QI): "right infringed has to be "clearly established" at the time of the official's conduct." We should maintain QI but this second test needs an update.
chipdart 2y ago
> No, they don't. They are police officers, not lawyers. How do you enforce laws that you don't know or understand? Think about it. These guys mobilize themselves to use force to achieve their goal. How is step 0 of this whole process not "check if what we are about to do complies with the law"? If they mobilize themselves to use force to achieve a goal through illegal and criminal means, they are not different than organized crime.

nolamark 2y ago

The officers were specifically NOT charged for the raid because of their ignorance and incompetence https://kansasreflector.com/wp-content/uploads/2024/08/Special-Prosecutors-press-release-re-Marion-County-8.5.2024.pdf https://kansasreflector.com/wp-content/uploads/2024/08/Speci... See pages 99 onward “But the special prosecutors also concluded that police — despite their misunderstanding of evidence, a rushed investigation, and faulty and unlawful search warrants — didn’t commit any crimes by investigating a baseless suspicion of identity theft or carrying out the raid.“ https://kansasreflector.com/2024/08/05/special-prosecutors-plan-to-file-criminal-charge-against-police-chief-who-led-marion-raid/ https://kansasreflector.com/2024/08/05/special-prosecutors-p... The changes against the chief are for asking a witness to delete text messages after the raid

alsetmusic 2y ago
It's funny how ignorance of the law isn't a valid excuse for me but it is for them.

waihtis 2y ago

This is true for almost anything. 99.9% of the people out there know, for example, that killing another person is illegal. Your logic makes no sense here

hungie 2y ago
They are saying police should be held to the highest standards, as enforcers of the law. The punishment for an enforcer should be higher than a punishment for a lay person.
- Brett_Riverboat 2y ago
  You put it into better words than I could, thank you.