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by abduhl
1458 days ago
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Self defense and defense of others is a clear line with case law and statutory interpretations going back centuries. I refuse to be pulled into your argument and its attempts to recast my position: police should have no privileges above an ordinary citizen when using force. Use of violence is justified in a court of law subject to a jury of your peers. |
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"Defense" is not a simple idea. Proving self-defense in court is quite difficult. Self-defense has not ever been in the US a legal defense against the charge of resisting arrest. We currently discourage violence against cops by giving them the benefit of the doubt that they are acting in the best interests of the law; we may in fact give them too much credit, but to give them no credit at all would turn any arrest procedure into a brawl.
Allow me demonstrate: if a cop A wants to arrest person B, rightly or wrongly, A is using physical coercion, which is violence. By your argument, under ther principle of self-defense, any citizen has the legal/ethical right to oppose use of violence. So now we have a situation where two people simply have differing opinions: A thinks that B should be arrested, and B thinks that B should not be arrested. In your argument, the way to resolve this dispute is not in courts, but immediately, with violence. Either way, someone will get hurt or killed.
Another aspect: if a person's legal justification for resisting arrest depends on their guilt or innocence, why would anyone voluntarily submit to arrest, since doing so would be interpreted as a sign of guilt? If only guilty people can be arrested, then what is the point of courts?
I fail to see how this legal framework would not lead to massively escalating violence everywhere in society. Your worldview is juvenile.