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Auncheyesterday at 5:49 PM5 repliesview on HN

> the police have zero obligation to actually protect anybody from crime

This gets misrepresented on the Internet all the time. What this really means is that you can't sue the city for incompetent policemen, which is the case in basically every country. That only punishes the taxpayers after all. What is different about other countries is that they are much better at firing incompetent police.


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eftychisyesterday at 6:52 PM

In some (EU) countries, as a public officer/agent you can actually get prosecuted (civil or criminal proceedings per case), in cases of blatant or willful incompetence. (Think of the levels of gross wanton disregard/negligence.) (There is also the legal vehicle of insubordination.)

For instance, in Greece https://www.lawspot.gr/nomothesia/pk/arthro-259-poinikos-kod... (N.B. the bar of wilfulness in this section in the Greek criminal code is much lower than the corresponding notion of wilfulness in the U.S.)

The bar is high, of course, and yet people have historically managed to get prosecuted, lose their jobs, and go to prison.

I think the problem in the U.S. is, ironically, the power of police unions in a fragmented police force (city, territory, county, etc.) ecosystem, coupled with the lack of unified, express state and federal statutes to enforce a standard of care and competence.

Add to that that peace officer-specific state statutes (e.g., describing manslaughter while on duty) are written in such a way that, as a matter of law, it becomes a herculean task to tick all the boxes to successfully preserve a conviction on appeal. It is truly troubling. (I am hopeful, as this can be solved by the U.S. legislature, which I think we have a lot of reasons to demand to be done.)

themafiayesterday at 7:03 PM

The case in NY was police setup a sting on the subway to catch a serial stabber. Instead of stopping him they stood by and watched him attack several innocent bystanders.

They were sued for incompetence. For the failed sting.

The two police officers who stood and watched him get attacked were ruled to be immune because they had no duty to protect him.

Point being, if police see you getting attacked, they have no duty to /stop/ that from happening. Their only duty is to take a report once they feel safe enough to approach.

If you see two police on the corner and think "this is a safe area" you'd completely be operating on faith in their character.

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anigbrowlyesterday at 7:38 PM

That only punishes the taxpayers after all.

I am sick to the back teeth of this narrative that all grievances can be resolved into currency and that paying this hurts taxpayers. We can jail negligent or reckless public officials, the financial costs of investigating and compensating people are an economic incentive to promulgate better standards in the first place.

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testing22321yesterday at 10:37 PM

No. It literally means the police have no obligation to help anyone.

The can (and do) stand around with theirs thumbs a up their asses while bad shit happens.

https://www.nytimes.com/2005/06/28/politics/justices-rule-po...

See also uvalde schoool shooting where they did jack shit while kids were executed en mass.

omnifischeryesterday at 8:44 PM

See this:

THE SUPREME COURT: DOMESTIC VIOLENCE; Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone

https://www.nytimes.com/2005/06/28/politics/justices-rule-po...