One Simple Change to the Law Could Make Prosecuting Killer Cops Easier

[marmar]

(The Intercept) Graphic video illustrating gruesome police killings of African-American men in Louisiana and Minnesota has set off promises of a federal investigation, at least in the former case, but many are skeptical that it will lead to any prosecutions.

Police involved in even these high-profile cases of abuse have rarely faced successful indictments, let alone prosecutions.

However, at the federal level, a simple change to the law would make it more likely that abusive cops face punishment for their behavior.

Currently, police abuse is subject largely to one federal statute enacted in 1866: Title 18 U.S. Code, Section 242, which punishes anyone who “willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”

The problem is that the statute “has nothing to do on its face with police officers or police violence,” said former Assistant Attorney General for Civil Rights William Yeomans. “It’s about deprivation of rights. So what you’re actually proving in these cases is that the officer acted with the intent to (deny the victim rights).” ..................(more)

https://theintercept.com/2016/07/07/one-simple-change-to-the-law-could-make-prosecuting-killer-cops-easier/

[uponit7771]

1. This would've helped Tamir Rice no doubt

[Turkey Manhatten]

2. Reckless Disregard is a good standard

I don't think the article does a great job explaining what reckless disregard really is.

Under a reckless disregard standard, a prosecutor would need to prove that the officer essentially didn't give a shit whether or not a persons rights were infringed upon. In the context of excessive force, a person would need to prove that an officer didn't give a shit about whether or not he was using too much force, not just that he used too much force.

[malthaussen]

3. On that basis, wouldn't Reckless Disregard be harder to prove...

... than simple use of excessive force? And where does the standard of "I was in fear for my life" enter the equation? I'd think a court would have a hard time proving that an officer was not in fear of his life, although they might could adopt some kind of standards to address whether or not that officer was justified in his fear.

-- Mal