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Police Use of Force for Misdemeanors

Posted on 12/4/14 at 9:01 am
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/4/14 at 9:01 am
Would you be for or against police departments nationwide adopting a policy of prohibiting police officers from using force for misdemeanor arrests and limiting force to only felony arrests?

I read about these controversial police encounters which often have the entire reason for the encounter based off of a misdemeanor violation which many seem to take issue with the level of force used since it was only a misdemeanor.

What kind of law enforcement policy or law does the board suggest to combat what many here have indicated in a variety of terms as overly aggressive police behavior?
Posted by baybeefeetz
Member since Sep 2009
31635 posts
Posted on 12/4/14 at 9:02 am to
What about resisters? STFU.
Posted by notiger1997
Metairie
Member since May 2009
58123 posts
Posted on 12/4/14 at 9:03 am to
So what happens when someone resist arrest or becomes combative when being questioned or arrested for a misdemeanor?

What to do when mr. policeman pulls over a thug in N.O. for speeding or running a redlight running, etc. Turns out the guy has been arrested 27 times before and wants to play tough guy and fight?

I def. agree the whole policy on aggresive police actions needs to be looked at in different ways btw.
Posted by baybeefeetz
Member since Sep 2009
31635 posts
Posted on 12/4/14 at 9:04 am to
I mean, this is absurd, but perhaps that is your point. Say a guy is on probation for a serious crime and is afraid he is going back to jail. So he tries to get away. No force? frick all that.
Posted by jamboybarry
Member since Feb 2011
32647 posts
Posted on 12/4/14 at 9:04 am to
That's great until that misdemeanor stop turns into the suspect trying to disarm the cop and assault him. Then you're going to get killed, justifiably.

Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 12/4/14 at 9:09 am to
I certainly understand the arguments against such a policy or law and I am not advocating that such a thing should be adopted

All to often though I see comments where people are infuriated because the "insert controversial incident" started over a misdemeanor or petty crime. Such as if to suggest that since it was a lesser crime the officer should not have had to use so much force. Silly I know.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 12/4/14 at 9:15 am to
quote:

prohibiting police officers from using force for misdemeanor arrests
So all a person has to do is resist arrest and he walks away?

No thanks.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 12/4/14 at 9:18 am to
quote:

I see comments where people are infuriated because the "insert controversial incident" started over a misdemeanor or petty crime.
Chris Rock was correct when he said if you resist a policeman the cop is going to bring an arse-whipping with him.

ETA: How Not To Get Your arse Kicked By The Police
This post was edited on 12/4/14 at 9:21 am
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 12/4/14 at 9:36 am to

LSURussian - does the article you linked to in the glacial melt thread talk about the Antarctic ice sheet - or the Antarctic sea ice?
This post was edited on 12/4/14 at 9:37 am
Posted by the808bass
The Lou
Member since Oct 2012
111519 posts
Posted on 12/4/14 at 9:53 am to
quote:

All to often though I see comments where people are infuriated because the "insert controversial incident" started over a misdemeanor or petty crime. Such as if to suggest that since it was a lesser crime the officer should not have had to use so much force. Silly I know.


The use of force should be proportional to the resistance and take into account the offense in question.

How many laws does the average person break in a day?
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66488 posts
Posted on 12/4/14 at 9:54 am to
quote:

Would you be for or against police departments nationwide adopting a policy of prohibiting police officers from using force for misdemeanor arrests and limiting force to only felony arrests?


and if the person they are arresting doesn't want to go willingly, how do they do it? or do we just not arrest people for misdemeanors now?
Posted by BigJim
Baton Rouge
Member since Jan 2010
14491 posts
Posted on 12/4/14 at 10:03 am to
I honestly don't know, how many misdemeanors are arrestable offenses anyway?

Was the guy in New York being arrested for a misdemeanor? I get that impression, but I don't want to make that assumption.

quote:

The use of force should be proportional to the resistance


Agree. And Eric Gardner did not look like he was resisting enough to warrant the force used.

quote:

and take into account the offense in question.


No, that is dumb. So we can beat the hell out of rapists even if they don't resist arrest, but petty thieves are get kid gloves?.

Think about how what you are advocating would work.

How would you train for that? Multiple arrest methodologies based on crime-level?
Posted by the808bass
The Lou
Member since Oct 2012
111519 posts
Posted on 12/4/14 at 10:06 am to
All I'm trying to point out is that all of us are criminals in the eyes of the law. We break the law, on average, 3 times a day. Should every person in the US be subject to the sort of arrest effected on Eric Garner?

We need major judicial reform and police reform.

Eta: Should a police pursuit of a kidnapper be conducted the same way the police pursuit of a obscured license plate is conducted?
This post was edited on 12/4/14 at 10:08 am
Posted by baybeefeetz
Member since Sep 2009
31635 posts
Posted on 12/4/14 at 10:07 am to
We also clearly need better public education and, dare I say it, a fuxking attitude adjustment.
Posted by the808bass
The Lou
Member since Oct 2012
111519 posts
Posted on 12/4/14 at 10:09 am to
I agree we need an attitude adjustment. And that needs to happen on both sides.
Posted by Asgard Device
The Daedalus
Member since Apr 2011
11562 posts
Posted on 12/4/14 at 10:10 am to
The officer feels threatened. Rules don't apply.
Posted by moneyg
Member since Jun 2006
56480 posts
Posted on 12/4/14 at 10:11 am to
quote:

Would you be for or against police departments nationwide adopting a policy of prohibiting police officers from using force for misdemeanor arrests and limiting force to only felony arrests?


Of course not.

Posted by baybeefeetz
Member since Sep 2009
31635 posts
Posted on 12/4/14 at 10:12 am to
I agree. We are somewhat alone.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 12/4/14 at 11:18 am to
quote:

Would you be for or against police departments nationwide adopting a policy of prohibiting police officers from using force for misdemeanor arrests and limiting force to only felony arrests?

In the case of Garner, why was he being arrested in the first place?

A family lawyer, Jonathan Moore, said that Garner should have gotten at most a summons to appear in court for allegedly selling untaxed cigarettes

Maybe we need to reconsider what actions require that free citizens be placed under arrest by law enforcement. We have more people incarcerated than any other country in the civilized world, and we consider ourselves the 'land of the free'?

Not just has law enforcement gotten out of control, but simply the preponderance of laws trying to control a free society has gotten out of control.
Posted by CountryVolFan
Knoxville, TN
Member since Dec 2008
2970 posts
Posted on 12/4/14 at 11:20 am to
Then the law will change to make things like DUI and Simple and Domestic Assault into Felonies.
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