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JasonADruryyesterday at 3:50 PM2 repliesview on HN

Per the DOJ, there's also this:

>An officer who purposefully allows a fellow officer to violate a victim's Constitutional rights may be prosecuted for failure to intervene to stop the Constitutional violation.

>To prosecute such an officer, the government must show that the defendant officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so.


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jshieryesterday at 6:55 PM

Unfortunately the courts have repeated ruled that "aware of the Constitutional violation" means knowing that the exact action being observed had previously been ruled a violation of Constitutional rights. It's essentially impossible to prove, which is one of the reasons we don't see that offense prosecuted.

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direwolf20yesterday at 4:58 PM

Who represents the government in these cases?

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