this post was submitted on 04 Nov 2023
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THE POLICE PROBLEM

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    The police problem is that police are policed by the police. Cops are accountable only to other cops, which is no accountability at all.

    99.9999% of police brutality, corruption, and misconduct is never investigated, never punished, never makes the news, so it's not on this page.

    When cops are caught breaking the law, they're investigated by other cops. Details are kept quiet, the officers' names are withheld from public knowledge, and what info is eventually released is only what police choose to release — often nothing at all.

    When police are fired — which is all too rare — they leave with 'law enforcement experience' and can easily find work in another police department nearby. It's called "Wandering Cops."

    When police testify under oath, they lie so frequently that cops themselves have a joking term for it: "testilying." Yet it's almost unheard of for police to be punished or prosecuted for perjury.

    Cops can and do get away with lawlessness, because cops protect other cops. If they don't, they aren't cops for long.

    The legal doctrine of "qualified immunity" renders police officers invulnerable to lawsuits for almost anything they do. In practice, getting past 'qualified immunity' is so unlikely, it makes headlines when it happens.

    All this is a path to a police state.

    In a free society, police must always be under serious and skeptical public oversight, with non-cops and non-cronies in charge, issuing genuine punishment when warranted.

    Police who break the law must be prosecuted like anyone else, promptly fired if guilty, and barred from ever working in law-enforcement again.

    That's the solution.

♦ ♦ ♦

Our definition of ‘cops’ is broad, and includes prison guards, probation officers, shitty DAs and judges, etc — anyone who has the authority to fuck over people’s lives, with minimal or no oversight.

♦ ♦ ♦

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ALLIES

!abolition@slrpnk.net

!acab@lemmygrad.ml

r/ACAB

r/BadCopNoDonut/

Randy Balko

The Civil Rights Lawyer

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Identity Project

MirandaWarning.org

♦ ♦ ♦

INFO

A demonstrator's guide to understanding riot munitions

Adultification

Cops aren't supposed to be smart

Don't talk to the police.

Killings by law enforcement in Canada

Killings by law enforcement in the United Kingdom

Killings by law enforcement in the United States

Know your rights: Filming the police

Three words. 70 cases. The tragic history of 'I can’t breathe' (as of 2020)

Police aren't primarily about helping you or solving crimes.

Police lie under oath, a lot

Police spin: An object lesson in Copspeak

Police unions and arbitrators keep abusive cops on the street

Shielded from Justice: Police Brutality and Accountability in the United States

So you wanna be a cop?

When the police knock on your door

♦ ♦ ♦

ORGANIZATIONS

Black Lives Matter

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Innocence Project

The Marshall Project

Movement Law Lab

NAACP

National Police Accountability Project

Say Their Names

Vera: Ending Mass Incarceration

 

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[–] TwoGems@lemmy.world 35 points 1 year ago (3 children)

This 11-year-old will grow up to be a doctor while this cop will continue to be a useless sack of shit to society.

[–] ohitsbreadley@discuss.tchncs.de 27 points 1 year ago (3 children)

Not with an arrest record at age 11. Medical school applications, state medical licenses, controlled substance prescription licenses, hospital credentialing applications, etc - all of the underlying bureaucracy of being a clinician (understandably) require background checks with clean records.

Unless his lawyer can get the record sealed and expunged, he'll most likely have to explain this event at every turn. One would hope that juvenile records could be explained away, but the field is so competitive that it could very well be the thing that keeps him from pursuing his dream.

All because a shitbag principal didn't want to deal with the requests of an 11 year old grieving his father and opportunistically punished him for it on the alleged word of another dumbass child's idea of a practical joke.

Even if he actually said it - he's an 11 year old, with a prefrontal cortex that is just starting to come online, on the hormonal cusp of puberty, trying to deal with the complex social dynamics of being 11 and changing schools, getting bullied about his haircut and clothes by a shitty adult abusing their authority.

I cant help but wonder how the situation would be if he was white.

[–] kofe@lemmy.ml 10 points 1 year ago (1 children)

Not that the rest of your comment isn't valid about his developmental risks, but juvenile records aren't public and I believe usually expunged when the kid turns 18.

[–] Davin@lemmy.world 18 points 1 year ago

That's the way it should work. But my wife has something on her record from when she was a minor that was supposed to be expunged and sealed, but keeps popping up from time to time.

[–] Inept@lemmy.world 4 points 1 year ago (1 children)

IANAL, but Texas Article 45.0218 would likely offer some protection to the kiddo since it's a Class C Misdemeanor. The short of it is that being held or detained doesn't mean that the individual was "prescribed jail time."

However, since the Texas Observer is shamelessly plugging away and, as a result, search engines may recognize the child's name, then the article (and similar "news" reports) will likely have more disastrous impacts than the actual event since the print industry is declining/desperate and the internet never forgets.

[–] ohitsbreadley@discuss.tchncs.de 5 points 1 year ago (1 children)

Not a lawyer either, but although I agree with that interpretation, I'm not sure where Class C Misdemeanor comes from.

The article states that:

Cameron County prosecutors pushed for Class C felony charges of “terroristic threat” and argued for two more weeks of detention. Instead, Judge Adela Kowalski-Garza ordered a safety risk evaluation and conditional release home until his hearing November 8.

I used your link to search for "terroristic threat," and found this statute:

Penal Code Section 22.07 - Terroristic Threat

There is no mention of a Class C Misdemeanor in that statute; so I'm not sure what the Texas Observer is talking about.

Again, not a lawyer, but by my reading of 22.07, it seems like this ridiculous charge would be a Class A Misdemeanor under:

Subsection (a)(2):

(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to: ... (2) place any person in fear of imminent serious bodily injury; ...

With the penalty described in subsection (c)(2):

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense: ... (2) is committed against a public servant.

Class A misdemeanors carry both a fine up to $4000 and jail time up to 1 year.

Texas Penal Code Section 12.21 - Class a Misdemeanor

[–] Inept@lemmy.world 2 points 1 year ago

TBH, I'm not sure if either of us (The Texas Observer and myself) know what we're talking about. IIRC, Texas classifies felony charges as 1st, 2nd, or 3rd degree offenses and Misdemeanors as Class A, B, or C by their severity.

The fact that they would consider it a "Felony", or anything other than frivolous, is disheartening though I appreciate your efforts to research and correct any potential misinformation that I may have spouted. (Good catch, btw)

SMDH, Texas 🤷

[–] neanderthal@lemmy.world 3 points 1 year ago

Stop and think about this. The only evidence is hearsay. There is a long string of evidence of retaliation. What jury would actually convict this kid because of this? We don't know that it actually happened. It could all be made up. The kid will walk, they will sue for enough money he will walk out of med school debt free.

[–] reverendsteveii@lemm.ee 24 points 1 year ago (1 children)

You: "This 11-year-old will grow up"

The cops: "That's where you're wrong, buck-o..."

[–] Duamerthrax@lemmy.world 3 points 1 year ago (2 children)

Hopefully leaving the state is an option.

[–] Deuces@lemmy.world 6 points 1 year ago (1 children)

Unfortunately I doubt that a single mother that has to rely on a court appointed attorney to defend against felony charges has the money to leave.

[–] Duamerthrax@lemmy.world 2 points 1 year ago

Depends if they have family out of state or if they're tied to a job instate. Also, don't discount the paternal side. Considering the father died, there's no reason to believe that that side is cutoff. Too many variables to make assumptions.

And yeah, it's hard to move, but it's also hard getting harassed for years or even disappeared by the cops.

[–] reverendsteveii@lemm.ee 1 points 1 year ago

https://www.bobvila.com/articles/how-much-does-it-cost-to-move/#:~:text=Interstate%20moves%20are%20usually%20considered,national%20average%20cost%20of%20%244%2C792.

Only source I could find that didn't give a really wide range says the average move costs $5000

https://www.nerdwallet.com/article/banking/data-2023-savings-report

55% of Americans would need to borrow to cover a right now emergency of $1000

[–] ILikeBoobies@lemmy.ca 7 points 1 year ago

Not if the justice system has anything to say about it