Comment by mindslight
1 hour ago
> Changing the system means removing the potential for abuse of power, not punishing abuse of power after the fact.
At a certain point, punishing abuse of power after the fact is the only way to discourage the potential abuse of power. Like there is nothing that actually stops you or me from going and kidnapping someone. And that same dynamic applies to someone who happens to also be a sheriff who controls a jail due to his employment. There is no magic wand for the system to wave that makes it so that the individuals employed by that system can't simply break the law.
The warrant here was approved by a magistrate judge, and I would suggest making the process for approval more robust to reduce this kind of abuse.
Personal civil liability and firing can also help.
I don't think magistrates rule on questions of law (maybe you were implying this, but maybe not). But in general the whole legal/justice system is basically blind to the harm it itself causes, so I don't think an actual judge looking at the merits of a warrant would be terribly adversarial to a sheriff either - they work together all the time, and most of the warrants presented by the sheriff are legitimate.
I do agree with you in general that we should aim to split system functions between multiple people. But this merely raises the bar, it doesn't make corrupt actions impossible. Which means we should be focusing on both avenues of reform, rather than emphasizing one to downplay another. Especially as when you do this, the entrenched system seems to takes advantage of the downplaying while resisting the solution being emphasized.