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originally posted by: Boadicea
Let's start here: When she chose to walk away from the cop, she did so of herself and by herself and for herself, without needing anything of anyone -- including that cop. That was her self-evident INALIENABLE right to do so.
So if police stopped someone who robbed a store, if they walk away from the police the police are not allowed to stop them....
You really have not actually thought this through!
He did not use that force to protect himself or anyone else. She was not a threat to him or anyone else. He used that force to impose his will and the will of the "state" on that woman in a brutal and potentially lethal manner. That was a gross violation of her INALIENABLE rights.
originally posted by: Boadicea
No, attempting to leave is not a threat. One can imagine whatever one likes; but it doesn't make it true.
Abnormal? I don't know about that. I have been asked to get out of my vehicle twice by officers when pulled over -- once when I was driving, once when my husband was driving. I have no idea why they asked us to exit the vehicle; but neither time were we doing anything "suspicious" beyond traffic violations. Both times, we had all our paperwork in order and readily accessible. Both times we were given warnings, but no citation.
Anyone? No. This woman? Yes. It's not illegal -- nor should it be -- to act belligerently. As for her walking away, he had all her information and there are other and better ways to enforce the law.
originally posted by: RAY1990
In comparison to the UK, a country that has about 1/5 to 1/6 of the population of the USA. The numbers are still dreadful. Why can't you see that.
Do you want to know how many deaths in custody or related to arrests here in the same year? 34
Yes, 34.
Deaths in custody, UK
In terms of "risk assessment" it would appear that US LEOs are fairly more dangerous than police officers anywhere else in the Western world, quite possibly a good portion of the whole world.
originally posted by: luthier
a reply to: SlapMonkey
I am 40. I have three kids. I teach kids wrestling. Teenagers to be exact.
I think you need to think through this 72 year old situation?
Can a police office tell you to do anything? In that video what did the woman do? Is she forced to sign a ticket? So now you are restraining a woman for not taking a ticket that goes into the system regardless? The whole scenario is to assert that officers authority. When you start punishing people with force for not "respecting your authority" and nothing else your treading into tyranny.
If the woman struck the officer while he tried to restrain her for actually doing something wrong not ignoring the officer, he has every right to restrain her even if she breaks a hip, if the guy pushes the situation because his feelings are hurt and escalates the situation it's his fault. He should be fired.
And a taser is pretty much chance deadly force on an ederly person.
How about divert the effort to people harming society to begin with.
Police were not meant to use their authority whenever they feel disrespected which is exactly what the court saw in that case.
No, attempting to leave is not a threat. One can imagine whatever one likes; but it doesn't make it true.
Right--and since your opinion is a belief and your reading skills are a bit underwhelming (I said "potential threat"), your imagination doesn't make your opinion true as well.
po·ten·tial
pəˈten(t)SHəl/
adjective
adjective: potential 1. having or showing the capacity to become or develop into something in the future.
The reality is that fleeing an officer who is placing you under arrest is against the law--your imagination doesn't make that untrue.
Maybe that depends on the police department's SOP for traffic stops, then--
As for her walking away, he had all her information and there are other and better ways to enforce the law.
This is a tired and ignorant assumption. You don't know if the woman was possibly under the influence, or had a warrant out for her arrest, or any of that. You are assuming that it would be safe to just let her go.
It would do you well to fully understand the dangers of letting a belligerent, oppositional, angry person just go access the cab of their vehicle during a traffic stop. YouTube has plenty of examples of why that is a terrible idea--but, you know, since you can just imagine that it is perfectly fine to do, then I guess it's okay.
As for the rest of your comments about how the law applies to people and how their inalienable rights (I know the definition, thank you...I'm quite certain that my career in the legal field outweighs your apparent laymen understanding of how laws actually are applied versus how you think that they should be applied)...
... you have some decent ideals concerning the metrics of how legislation should be written and applied...
... but it's just not the way that the real world works, and that's the approach that I'm taking, here. I'm viewing this through the eyes of how America is, not how I wish it would be.
I wish that laws were written via the approach that if there is no obvious, actual victim, then it shouldn't be illegal--but again, that's not real life as it exists right now.
Asserting ideals in a manner as if they are factual reality does not reinforce your argument, it weakens it.
I think that you and I probably have similar ideologies, but that's not what I'm arguing and pointing out in this thread--I'm dealing with the way that things are, not how they should be.
I think that you and I probably have similar ideologies, but that's not what I'm arguing and pointing out in this thread--I'm dealing with the way that things are, not how they should be.
originally posted by: Boadicea
What opinion? That attempting to leave is not a threat? Or that because someone imagines something it doesn't make it true? Those are not opinions, those are facts.
I never claimed otherwise. In fact, I did say that I understand what should be is not what is. At most, I said it was a bad law and a violation of inalienable rights. I will now take it further to say that therefore it is done under color of law, because the legislation violates natural law, and therefore our organic law.
Maybe. And maybe someone more informed and familiar with policing protocols will chime in and educate us both. In any event, I am not the one who presumed it was "abnormal," and then used that presumption to assume the worst about this woman.
So is "innocent until proven guilty" also a tired and ignorant assumption?
And it would do us all even better to fully understand the dangers of letting belligerent, oppositional, angry officers of the law to create and escalate such unnecessary situations. Youtube has plenty of examples of why that is a terrible idea -- but, you know, since you seem to imagine that it is perfectly fine to do so, we have these situations.
Again, I fully recognize that what should be is not what is. In other words, how laws actually are applied is not in accordance or conformance with how they should be applied in my personal opinion based on my personal ideology.
Of course you know that these are not "my" ideals, but the very heart and soul of our Constitution and the law of the land, what with your career in the legal field outweighing my apparently layman understanding.
So why accept it and -- worse! -- argue for it? Absolutely nothing demands that it remains this way.
Certainly, with all your knowledge and experience of the law, you know that these "ideals" are the principles established in the Declaration of Independence, part of our organic law. You must also certainly know that any law which violates those principles are in fact a violation of our organic law. The very heart and soul of our Constitution and the law of the land. This is the factual reality.
And like I said, I share some of your concerns, but I'm intelligent enough to understand that just because I think that something should be a certain way doesn't mean that it is the end-all opinion on the topic.
That estimation was based on media reports and police reports for June, July and August of 2015.
Of those deaths in June, July and August, 64 percent were homicides, defined as willful killing of another, 18 percent were suicides and 11 percent were accidents, according to the Bureau of Justice Statistics. Homicides include those ruled justifiable, such as in cases of self-defense.
The Bureau of Justice Statistics projected the 1,900 arrest-related deaths for 2015 by relying on media reports and assuming the 12 percent difference across the year.
originally posted by: luthier
a reply to: SlapMonkey
I think we just will never see eye to eye. My degree is in philosphy.