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August 14, 2015


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Charles Paul Hoffman

I'd agree that a dramatic reappraisal of qualified immunity under s. 1983 is probably near the top of the list of legal outccomes associated with the Black Lives Matter movement. There's also a string of procedural reforms related to how police misconduct investigations/prosecutions are handled, including the demand for independent investigators instead of the cop's pals in the DA's office and the end of using grand juries as a way to whitewash decisions not to prosecute the police.

Patrick S. O'Donnell

Perhaps this movement will directly or indirectly result in further attention directed toward prosecutorial misconduct in this country, the structural dimensions of which can be addressed with procedural reforms (e.g., 'Model Rules of Professional Conduct, section 3.8 (d), the American Bar Association advocates that prosecutors be required to turn over all exculpatory evidence to the defense.' In brief, this means eliminating 'the materiality prong of Brady' and, as in some jurisdictions, 'allow[ing] defense attorneys access to law enforcement and prosecutors’ files so that defense attorneys can determine for themselves which items are exculpatory and useful to the defense case.) and legislation. See here for more information:


"What really interests me here is to wonder about what the world might look like"

My guess would be late 1970's America. Vibrant in all of the positive and negative meanings of that word.

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