As we wait for the Ahmaud Arbery verdict, here's your reminder that charges were almost never brought against his alleged murderers—thanks to prosecutorial misconduct.
Jackie Johnson, the first prosecutor on the case, was indicted on criminal charges for allegedly trying to help Travis & Gregory McMichael evade accountability.
The Kyle Rittenhouse trial was a wake-up call to many conservatives who didn't yet realize that prosecutorial misconduct could be so egregious and out in the open.
But dirty prosecutors are not constrained to Kenosha County, Wisconsin. They're everywhere: reason.com/2021/11/24/ahm…
Prosecutors enjoy *absolute immunity* for job-related wrongdoing. Victims can't hold them accountable in civil court for the very worst behavior.
A prosecutor can falsify evidence, coerce witnesses, & secure perjured testimony. They'd still be immune. reason.com/2021/11/24/ahm…
Let this be another warning: Prosecutorial misconduct is everywhere. It's not just in high-profile trials. We hold the most powerful people to the lowest standard, and we should fix that. reason.com/2021/11/24/ahm…
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Andrew Coffee IV was charged with murdering his girlfriend. Except the state acknowledges he didn't kill his girlfriend. The state killed his girlfriend.
Cops shot her 10 times after breaking into Coffee's home for a drug raid targeting Coffee's dad. reason.com/2021/11/22/man…
Coffee thought the cops were intruders, so he shot at them in self-defense. They fired back, killed his partner, & tried to blame it on him.
The jury believed Coffee acted in self-defense. But he still faces *30 years* on a firearm charge. 30 years. reason.com/2021/11/22/man…
A mentally ill prisoner with brain damage killed himself after spending months in solitary confinement over nonviolent infractions, like having a tattoo. He was 19.
Qualified immunity for the guard who violated policy by putting him in solitary without asking mental health staff
It is not "clearly established" that putting severely mentally ill inmates in solitary confinement constitutes deliberate indifference, even when the guard disregards policy to do so.
And the court declined to establish any law for the next time this happens. Because of course.
He was kept in his cell for 24 hours a day, with the exception of every other day when he was let out for one hour to shower.
There is so much to unpack here. Cops arrested a homeless veteran with PTSD for *panhandling*. And they tased his service dog, which got hit by a car & died.
Let's talk about overcriminalization & the unconstitutional war on charity.
First things first: Let it sink in that *several* police officers thought it a wise use of resources to confront & lock up someone for the crime of begging for money.
Conservatives—& anyone who cares about limited government—should be first in line to reform qualified immunity. But there are so many misconceptions about how it works.
Misconception #1: Qualified immunity is "essential to effective policing."
QI allows gov't officials to violate your rights with little fear of liability in civil court. To say it's essential is to say that cops need to be able to violate your rights to do their jobs. /2
Misconception #2: Qualified immunity protects good cops & punishes bad ones.
I've covered more cases than I can count of bad cops getting QI: ones who shot kids, set people on fire, committed theft, & beat people up. I outlined a bunch for @Newsweek. /3 newsweek.com/its-time-get-r…
Esquivel should be the poster child for prison reform. She got 15 years for a drug offense. She had an exemplary record on home confinement.
...And she was taken back to prison because the halfway house forgot to log one of her check-in calls. Absurd. reason.com/2021/10/26/raq…
Thousands of prisoners were put on home confinement during COVID. Esquivel's story speaks to the success of that program.
It also speaks to the utter incompetence of our prison bureaucracy. The state forgot to log a phone call. She pays with her freedom. reason.com/2021/10/26/raq…
Qualified immunity allows state actors to violate your rights if the *exact* way in which they do so has not been ruled unconstitutional in a prior court ruling.
It's shielded cops who shot kids, stole huge sums of $$, & destroyed property. List goes on. reason.com/2021/10/18/sup…
The idea behind qualified immunity is that no reasonable cop can be expected to know when they cross a constitutional line, unless there's an identical precedent outlining that misbehavior.