Live data from Hacker News

The United States needs to overhaul its law-enforcement system

economist.com

11–20 of 145 posts

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

#11
One problem among many is that US police are both allowed and trained to use deadly force very quickly, when under any kind of threat. German police will often (successfully!) shoot to disable, not to kill, even when confronted by someone armed with a knife.

It's a common American meme that when police fire a gun, the only rational decision is to shoot to kill, but it's just not true.

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

#12
The article makes some excellent points, but the comparison to Europe rang a little hollow to me.

The U.S. is an order of magnitude more violent than the U.K., and always has been: http://en.wikipedia.org/wiki/List_of_countries_by_intentiona.... In 1960 there was no drug war, there was no prohibition, the country was prosperous, but more than eight times as many people were murdered per capita than in the U.K.

> Sentences are harsh. Some American states impose life without parole for persistent but non-violent offenders; no other rich nation does.

In 1993-94, years where the per-capita murder rate in the U.S. was 9x higher than in the U.K., California and Washington voters approved the three strikes laws that lead to these harsh sentences by 3-1 margins.

It's easy to talk about the things that are wrong with the justice system in the U.S., but it's a pretty cursory analysis until you tackle the real question: when exercising their democratic will, whether in the small on grand juries or in the large through referendums, why do voters keep supporting the system?

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

#14
post #7

Earlier quoted context omitted.

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".

> I don't think it's as simple as "if someone dies there needs to be a trial".

But there almost always is in reality, if there's a reasonable suspect. The only exception seems to be with law enforcement officers.

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

#15
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.…

Prosecutors know how to get an indictment when they want one.

We hear that cases involving police killings get treated differently in an effort to have more transparency, or perhaps to allow grand juries in these cases to make a "more informed" decision. I don't buy this anymore. It doesn't provide more transparency, it plants doubt in a group that isn't supposed to be wrestling with any notion of "beyond a reasonable doubt".

I served on a high-profile grand jury case once. I came away deeply disillusioned with how this process is said to work, and how it actually works.

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

#16
post #7

Earlier quoted context omitted.

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".

Only something like 11 cases out of 160,000 the accused has not been indicted. The prosecutors can already "automatically" put everyone through trial.

Not to mention plenty already "have their financial lives destroyed" through the Civil Forfeiture law.

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

#17
post #11

One problem among many is that US police are both allowed and trained to use deadly force very quickly, when under any kind of threat. German police will often (successfully!) shoot to disable, not to kill, even when confronted by someone armed with a knife. It's a common American meme that when police fire a gun, the only rational decision is to shoot to kill, but it's just not true.

In other countries the police is even obligated to fire a "warning shot" (in the air) before shooting to disable (and only later can shoot to kill).

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

#18

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…

I'm guessing they mean a shooting may not show up in the statistics as "shot dead" if someone dies from complications 6 months later, even if the shooting was responsible for the death.

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

#19
post #7

Earlier quoted context omitted.

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".

We could adopt the English approach to coroner's inquiries, which are non-adversarial and don't have any custodial sanctions, but operate in public and can be input to a murder trial if that's appropriate. I don't want to put everyone on trial for murder, but I do think that every death needs to have an open investigation. This would obviously require some fundamental changes to the US legal system, but I think that it's already experiencing severe stress under the weight of its own contradictions.

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

#20
post #11

One problem among many is that US police are both allowed and trained to use deadly force very quickly, when under any kind of threat. German police will often (successfully!) shoot to disable, not to kill, even when confronted by someone armed with a knife. It's a common American meme that when police fire a gun, the only rational decision is to shoot to kill, but it's just not true.

German police will often (successfully!) shoot to disable, not to kill, even when confronted by someone armed with a knife.

Do you have a link or cite that German police shoot to disable? Five minutes of Googling didn't turn up anything relevant for me. Thanks.

Post reply on HN