On Thu, Apr 28, 2011 at 11:52 AM, Gruss Gott <[email protected]> wrote:
> > Ray Champagne <[email protected]> wrote: > > > > engaging them in a fight. That is not police work, that is a thug in > > action. > > > > If you think the law leaves too much discretion then there are lots of > things you can do to try to change the law and/or procedures. > > If you're not willing to do anything to try to change the law, then > you're de facto agreeing with it. > > So, there's the choice for us all: accept that the law is correct how > it is, or tell the law enforcement community that you know better > > Looks to me the cop still was ok with how he handled the situation. He pushed her away with a somewhat free hand while restraining another suspect, she then fought back which lead the officer to protect himself while he restrained her. Case closed. http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instructions/criminal/pdf/7460-resisting-arrest.pdf SUPPLEMENTAL INSTRUCTIONS 1. Police use of unreasonable or excessive force. A police officer may not use unreasonable or excessive force in making an arrest. A person is allowed to use reasonable force to protect (himself) (herself) from physical harm when unreasonable or excessive force is used. If a police officer uses unreasonable or excessive force to make an arrest, the person who is being arrested may defend (himself) (herself) with as much force as reasonably appears necessary. The person arrested is required to stop resisting once (he) (she) knows or should know that if he stops resisting, the officer will also stop using unreasonable or excessive force . If there is some evidence that the police used unreasonable or excessive force, the Commonwealth must prove beyond a reasonable doubt that the defendant did not act in self-defense. To prove that the defendant did not act in self-defense, the Commonwealth must prove at least one of the following three things beyond a reasonable doubt: First: That the defendant did not reasonably believe that the police officer was using unreasonable and excessive force and putting the defendants personal safety in immediate danger; or Second: That the defendant did not do everything that was reasonable in the circumstances to avoid physical combat before resorting to force; or Third: That the defendant used more force to defend (himself) (herself) than was reasonably necessary in the circumstances. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:337024 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
