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The United States needs to overhaul its law-enforcement system

economist.com

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Re: The United States needs to overhaul its law-enforcement system

#2
This one sentence towards in the bottom of the article needs to happen. As we saw in the Eric Garner case, video footage means little.

> To improve accountability, complaints should be heard by independent arbiters, brought in from outside.

The prosecutors and police are on the same team.

> If an officer is accused of a crime, the decision as to whether to indict him may rest with a local prosecutor who works closely with the local police, attends barbecues with them and depends on the support of the police union if he or she wants to be re-elected. Or it may rest with a local “grand jury” of civilians, who hear only what the prosecutor wants them to hear.

Re: The United States needs to overhaul its law-enforcement system

#3
Small complaint (about an otherwise very good article):

> Eric Garner ... guilty only of selling single cigarettes

The cops involved suspected this, but I don't believe it's known that he is guilty of this. Especially in a legal sense: he did not live to see a trial.

Re: The United States needs to overhaul its law-enforcement system

#4
How about also ending grand juries altogether (or at least in cases of potential homicide)? It's obvious that the people on the grand juries are not qualified to asses anything and it's an archaic system not employed by any other country (http://en.wikipedia.org/wiki/Grand_jury).

In addition, the prosecutors' powers need to be curtailed. Such crimes should always be charged, regardless of what the prosecutor wants. If there is doubt, bring in an outside prosecutor like the article suggests.

Re: The United States needs to overhaul its law-enforcement system

#6
post #4

How about also ending grand juries altogether (or at least in cases of potential homicide)? It's obvious that the people on the grand juries are not qualified to asses anything and it's an archaic system not employed by any other country ( http://en.wikipedia.org/wiki/Grand_jury ). In addition, the prosecutors' powers need to be curtailed. Such crimes should always be charged, regardless of what the prosecutor wants.…

I'm inclined to agree about limits on discretion in these cases. You can't take back homicide, so it's better to hold a trial automatically and air the entire issue out. In cases of justifiable homicide, the justification will be much stronger for having been challenged and considered.

The English jurist Lord Hewart said it best: 'Not only must Justice be done; it must also be seen to be done.' http://en.wikipedia.org/wiki/R_v_Sussex_Justices,_ex_p_McCar...

Re: The United States needs to overhaul its law-enforcement system

#7
post #4

How about also ending grand juries altogether (or at least in cases of potential homicide)? It's obvious that the people on the grand juries are not qualified to asses anything and it's an archaic system not employed by any other country ( http://en.wikipedia.org/wiki/Grand_jury ). In addition, the prosecutors' powers need to be curtailed. Such crimes should always be charged, regardless of what the prosecutor wants.…

I'm inclined to agree about limits on discretion in these cases. You can't take back homicide, so it's better to hold a trial automatically and air the entire issue out. In cases of justifiable homicide, the justification will be much stronger for having been challenged and considered. The English jurist Lord Hewart said it best: 'Not only must Justice be done; it must also be seen to be done.' http://en.wikipedia.or…

Then you run into the problem of innocent, or at least justified, people having their financial lives destroyed defending against murder charges. I don't think it's as simple as "if someone dies there needs to be a trial".

Re: The United States needs to overhaul its law-enforcement system

#8
Several parts strike me

1. Killings by the police in the US are daily events but. "nobody knows the exact number as not all deaths are reported" WTF! The police don't report upwards if they shoot someone!

2. 37% of US blacks have confidence in the police (pretty high considering) but just 59% of whites. Good grief how do you police a city or a block if 40% of the nice white middle class people think you are going to cock it up ?!

It's the last that counts the most. Guns and force cannot replace trust - community policing is not some nice to have, Chuck Culson was wrong, Hearts and Minds matter, at home and abroad.

Re: The United States needs to overhaul its law-enforcement system

#9
post #3

Small complaint (about an otherwise very good article): > Eric Garner ... guilty only of selling single cigarettes The cops involved suspected this, but I don't believe it's known that he is guilty of this. Especially in a legal sense: he did not live to see a trial.

It actually seems quite plausible that he was innocent: the cops were there for other reasons, saw him and knew him to have a history of selling cigarettes, and engaged him as such. None were found on his person.

Re: The United States needs to overhaul its law-enforcement system

#10
As someone else pointed out to me, its not just the US, but the world. There are abuses to the system everywhere - in some places it is better than the US but in many places it is far worse.

Law enforcement is actually pretty good here in my opinion (when you look at the big picture). But our legal system (as in, the court system) benefits mostly lawyers, wealthy people, etc.

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