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Questions and Answers
Why are cases of resisting arrest important?
Why are cases of resisting arrest important?
- They highlight the need for more police officers
- They reveal the high regard for individual liberty (correct)
- They reveal the limitations of executive officers
- They lead to more serious charges against the person being arrested
What does the text say about an unlawful arrest?
What does the text say about an unlawful arrest?
- It is similar to assault and trespassing (correct)
- It is considered a serious crime
- It is a common occurrence
- It is always justified in certain situations
Why is it important for officers to adhere to the law?
Why is it important for officers to adhere to the law?
- To make more arrests
- To maintain their authority
- To avoid bloodshed (correct)
- To preserve the liberty of the citizen
According to the Supreme Court of Indiana, when can a peace officer use force to effect an arrest?
According to the Supreme Court of Indiana, when can a peace officer use force to effect an arrest?
What did the Supreme Court of Indiana say about a peace officer who uses unnecessary force?
What did the Supreme Court of Indiana say about a peace officer who uses unnecessary force?
Why would a corrupt government not want the fact of law on resisting arrest to be readily known or accepted?
Why would a corrupt government not want the fact of law on resisting arrest to be readily known or accepted?
In what circumstances is handcuffing justified according to the text?
In what circumstances is handcuffing justified according to the text?
What is the argument made by the recent Minnesota decision?
What is the argument made by the recent Minnesota decision?
What did the Supreme Court of Georgia state about resisting an unlawful arrest?
What did the Supreme Court of Georgia state about resisting an unlawful arrest?
What is the law that allows one to resist an unlawful arrest?
What is the law that allows one to resist an unlawful arrest?
What did the Supreme Judicial Court of Maine state about resisting an illegal arrest?
What did the Supreme Judicial Court of Maine state about resisting an illegal arrest?
What was the ruling in the English case of Osborn v. Veitch regarding handcuffing?
What was the ruling in the English case of Osborn v. Veitch regarding handcuffing?
What does Article I, section 6 of the Constitution of the state of New York provide?
What does Article I, section 6 of the Constitution of the state of New York provide?
What can happen if a person is unlawfully handcuffed during an arrest?
What can happen if a person is unlawfully handcuffed during an arrest?
What is the justification for fingerprinting before conviction?
What is the justification for fingerprinting before conviction?
What did the Supreme Court of New York state regarding the act of compelling a person to undergo fingerprinting and measurements after arrest?
What did the Supreme Court of New York state regarding the act of compelling a person to undergo fingerprinting and measurements after arrest?
What is the main concern with compulsory fingerprinting before conviction?
What is the main concern with compulsory fingerprinting before conviction?
What did a New York Court state regarding the requirement for fingerprinting upon arrest?
What did a New York Court state regarding the requirement for fingerprinting upon arrest?
What did the Court of Chancery of New Jersey conclude about the taking of fingerprints, photographs, and other measurements in advance of conviction?
What did the Court of Chancery of New Jersey conclude about the taking of fingerprints, photographs, and other measurements in advance of conviction?
What did the Supreme Court of Appeals of West Virginia state about resisting an unlawful arrest?
What did the Supreme Court of Appeals of West Virginia state about resisting an unlawful arrest?
What did the Supreme Court of Washington state about the force used in resisting an unlawful arrest?
What did the Supreme Court of Washington state about the force used in resisting an unlawful arrest?
What is the basic concept of resisting an unlawful arrest?
What is the basic concept of resisting an unlawful arrest?
What did the Supreme Court of Mississippi say about the right to resist an unlawful arrest?
What did the Supreme Court of Mississippi say about the right to resist an unlawful arrest?
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Study Notes
The Right to Resist Unlawful Arrest
- Unlawful arrests are considered assault and trespass, and the law allows individuals to resist such arrests.
- Officers must adhere to the law when making arrests to avoid bloodshed and preserve individual liberty.
- Officers who do not conform to the law have no authority, and individuals have the right to resist them.
- Resisting unlawful arrests is distorted by modern courts due to the frequency of unlawful arrests made by police.
- Without a police force, a corrupt government cannot enforce its corrupt system and may fall apart.
- Some courts have declared that there is no additional constitutional right to resist an illegal arrest.
- The law allows individuals to resist an unlawful arrest in order to protect their life, liberty, or property.
- A person has the right to use force in defending themselves against an illegal arrest, as they would in repelling any other assault.
- The law of self-defense and self-preservation applies to resisting unlawful arrests.
- Liberating oneself from unlawful custody is not an offense, even if the person initially submitted to the custody without resistance.
- An illegal arrest is considered an assault and battery, and the person being unlawfully restrained has the right to use force in defending themselves.
- The force used in resisting an unlawful arrest must be reasonable and proportional to the injury attempted.
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