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Cato Podcast

The Case against Qualified Immunity

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 28 February 2018

⏱️ 23 minutes

🧾️ Download transcript

Summary

"Qualified immunity" is a doctrine that protects police from misconduct that would send someone without a badge to jail. Clark Neily and Jay Schweikert discuss the controversy.

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Transcript

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0:00.0

This is the Kator Daily Podcast for Wednesday, February 28th, 2018.

0:06.0

I'm Caleb Brown.

0:07.0

Why do so many police officers seem to escape prosecution or sometimes even charges

0:12.0

when they're accused of of and by all rights have

0:14.7

committed acts that would send anyone else to prison. It's called qualified

0:19.1

immunity and it protects bad cops from the costs of their misconduct.

0:23.3

So what is qualified immunity and why do we have it?

0:26.6

Clark Neely and J. Schweicherd of the Cato Institute explain.

0:30.0

When it comes to liability for the actions that we take, how do you and I differ from cops?

0:39.7

We're held to a much higher standard than police are.

0:42.3

Doctors are held to a higher standard.

0:44.0

Architects, pretty much everybody you could name except prosecutors are held to a higher

0:49.4

standard than police officers when it comes to liability for your own misconduct

0:55.5

that results in an injury to somebody else. The courts have gone out of their way

0:59.0

to create a whole web of special exceptions and doctrines that all add up to a policy of what amounts

1:06.5

to near zero accountability for law enforcement.

1:08.8

Well, I mean, I think, no, I mean, I think that's put exactly correctly.

1:12.7

I think to go slightly more specifically,

1:14.5

it's one sort of common maxim in the law

1:17.9

is that ignorance of the law is no defense.

1:21.0

Ordinary citizens are given really the extraordinary and probably

1:24.8

literally impossible burden of trying to comply with thousands or if you

...

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