Death by cop for $2.90

Death by cop: Violence comes cheap when you don’t feel the pain.

Most cops have families. This fact alone makes me think most cops really do want to “protect and serve.”

They don’t want to cause harm. They want to go home to their families and have all the peaceful citizens they encounter do the same. I think this is true most of the time. But there seem to be exceptions…

Police work might be proportionally more attractive to adrenaline junkies and sociopaths than the average occupation.

This is why the Ending Qualified Immunity Act is needed. Not only will it increase accountability, but this act will also make their interactions safer for both citizens and their fellow officers. This is true because…

Incentives matter

It would be dangerous to eradicate pain. Without pain, people would lean on hot stoves and do other crazy things.

The court-invented doctrine of “qualified immunity” has created a situation where cops do not feel the full pain for their mistakes. It diminishes the incentive to be careful. Police are more likely to escalate where they could’ve and should’ve de-escalated. This tendency to escalate increases the danger to both citizens and cops — yes, even to cops! Let me give you an example…

Derell Mickles recently snuck into a New York subway, failing to pay his $2.90 fare. The police tried to arrest him. NY Police used a Taser and fired multiple gunshots in a crowded station. The gunshots hit two bystanders and another cop.

Death by Cop for $2.90?

One of the bystanders was critically wounded with a gunshot to the head. Will he live? Will he thrive again?

Think about how this started. A $2.90 crime was committed. Does anything about that crime suggest that it warrants the use of a Taser, a gun, and the wounding of three other people?

The offending cops have an excuse of course. The $2.90 super-villain had a knife. Well, Mickles was also a chef. Chefs sometimes carry some of the tools of their trade from place to place. The cops say he threatened them and advanced within 21 feet, which is the point at which studies suggest a person with a knife poses a serious threat.

Okay, but does that threat justify firing multiple shots in a crowded area?

Which choice would the cops have made if qualified immunity did not exist?

Well, we know the answer to that question. All we need to do is change the cop to an armed civilian (and pretend we’re not in New York). Had a civilian shot innocent bystanders, especially a cop, a plea of self-defense would not fly. They would be arrested, and they would face serious charges.

I am NOT trying to adjudicate this particular case in this message. I’m suggesting that cases like this should be more likely to be heard in court. That would create an incentive for greater caution. That would make both citizens and cops safer.

If you want to see this happen, please help us win new co-sponsors for this legislation. Be sure you’re part of The 300 to support the Ending Qualified Immunity Act.

End Qualified Immunity

If you’ve already joined, please contribute or start a monthly pledge.

Set your own agenda,

Jim Babka, President
Agenda Setters by Downsize DC

Today’s Action: Make everyone safer with the Ending Qualified Immunity Act