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echelon • today at 12:38 PM • 2 replies • view on HN

This is why state powers need judicial oversight.

There are some instances where powers need to be exercised in a hurry, but there should always be proper reporting and a paper trail, with stiff reprimanded for misuse or abuse of the system. Accidents can happen, but they should be infrequent and should follow protocol.

It would be great if citizens had more direct involvement in these cases too. I don't see why egregious abuses shouldn't be tried by jury.

Police and intelligence agency employees should be held to a higher standard than civilians (like military personnel are subject to UCMJ), and breeches of protocols should lead to harsher punishments imposed upon them. It would be fine to pay them more if it required more training and accountability.


Replies

someonebaggy • today at 1:08 PM

In most of Europe, police carry guns. But they are afraid to fire those guns, because there will be a disciplinary process and they are likely to lose their job or go to jail if they can't show there was no other alternative. But if there is a situation where it is necessary to fire the gun, it will be.

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everforward • today at 2:51 PM

They don’t get tried in part because of Qualified Immunity (which has some rationality but I think we’ve taken it much too far), and in part because the structure of the system doesn’t incentivize it.

The people who would charge the officers are the same people who rely on the police to provide evidence. Both groups work closely together. Malfeasance by police typically provides the prosecution with evidence they want or people to charge. There’s no incentive other than morality to charge them, and a lot of reasons to find a way to rationalize it as untrue, or necessary, or whatever.