Lie in Court or Be Fired! - Crazy Qualified Immunity Case
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@raphjd said in Lie in Court or Be Fired! - Crazy Qualified Immunity Case:
Steve Lehto is a practicing lawyer in the state of Michigan.
So pay attention to this one... if the Law says that the State can force Gov't employees to testify falsely, then Defense Atty's all over the country are going to seize on this!
This finding essentially says Gov't Employees - as a whole - cannot be trusted to testify in court, because they can be legally "told" to lie, and they are legally bound to do so....
The law of Common Sense doesn't apply anymore... sheesh!
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@bi4smooth said in Lie in Court or Be Fired! - Crazy Qualified Immunity Case:
@raphjd said in Lie in Court or Be Fired! - Crazy Qualified Immunity Case:
Steve Lehto is a practicing lawyer in the state of Michigan.
So pay attention to this one... if the Law says that the State can force Gov't employees to testify falsely, then Defense Atty's all over the country are going to seize on this!
This finding essentially says Gov't Employees - as a whole - cannot be trusted to testify in court, because they can be legally "told" to lie, and they are legally bound to do so....
The law of Common Sense doesn't apply anymore... sheesh!
Def Atty: Officer, you claim that my client shot the victim in your presence, is that your testimony?
Officer: Yes
Def Atty: Officer, are you being coerced into offering this testimony falsely by a superior or political office-holder?
Officer: No
Def Atty: Officer, if you WERE being coerced to provide this testimony, would you be allowed to admit to it in court?
Officer: No
Def Atty: So, just to be clear: if I asked you whether you were being coerced into making this statement, and you were, you would have to answer no - just as if you were not, you would also have to answer no... is that a correct statement?
Officer: Yes
Def Atty: Your honor, we move to strike the Officer's testimony on the grounds that it cannot be shown to be free of coercion or undue influence.
Prosecutor: Objection! Without the officer's sworn testimony, we have no case!
you be the judge....
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State and local level employees only have Qualified Immunity, while federal employees have Absolute Immunity.
Judges, at any level, also have Absolute Immunity.
In the UK, every government employee, regardless of the level of gov they work for, has Absolute Immunity. I forget the legal term they actually use, but due to the influence of the US, everyone commonly calls it Absolute Immunity.
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@raphjd said in Lie in Court or Be Fired! - Crazy Qualified Immunity Case:
State and local level employees only have Qualified Immunity, while federal employees have Absolute Immunity.
Judges, at any level, also have Absolute Immunity.
In the UK, every government employee, regardless of the level of gov they work for, has Absolute Immunity. I forget the legal term they actually use, but due to the influence of the US, everyone commonly calls it Absolute Immunity.
The idea of some level of immunity for police & Government officials - in so far as, they shouldn't be held liable for an act they didn't KNOW was illegal - is fine. What's been lost is the common sense ... the litmus test should not be "is there case law," as that means it has to be an exact repeat of the earlier event.
Think: "No, this ISN'T the same as the George Floyd case, your honor - because I didn't use my KNEE to choke him to death, I used my ELBOW! No one has ever killed killed a suspect in custody with their elbow before, so I get IMMUNITY! I didn't know you couldn't kill them - WITH YOUR ELBOW! I thought it was just with your knee! My bad! Can I go back to work now? I want to see if killing suspects in custody with an ARTIFICIAL knee is illegal, too..."
