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Virginia teen was detained and prosecuted for saying 'OINK OINK' to cop

Discussion in 'News & Current Events (Articles Required)' started by SummerMadness, Jun 7, 2019.

  1. Ana the Ist

    Ana the Ist Aggressively serene!

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    Did you see the video?
     
  2. Ana the Ist

    Ana the Ist Aggressively serene!

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    Resisting arrest seems like a charge that's absolutely necessary. If it didn't exist, more criminals would resist arrest....putting cops and the public at risk.
     
  3. Ana the Ist

    Ana the Ist Aggressively serene!

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    "Deaths on the job" is a poor way to measure "dangerous jobs".

    Landscapers aren't getting assaulted by a bush. Roughly 50,000 cops are assaulted every year. That's about 1 in 10.
     
  4. variant

    variant Happy Cat

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    We tend to charge every instance of anyone even laying a single hand on an officer as an assault (among other things). So, we can't say that assaults make ones job inherently dangerous.

    “Assaulting a police officer” may not mean what you think

    Excerpt:

    Quick quiz: Which of the following would be considered “assaulting a police officer”?

    1. Punching a police officer in the face.
    2. Standing behind a gate holding it closed while an officer tries to push it open.
    3. Sitting in your car grabbing the steering wheel while an officer tries to drag you out of your car.
    4. Standing at a Metro station with your hands in your pockets, refusing to take them out of your pockets when an officer commands you to.


    If you guessed just #1, you are wrong.

    According to the DC Court of Appeals, #1, #2, and #3 all qualify. The US Attorney has argued that #4 does too, but the Court of Appeals said no.
     
    Last edited: Jun 8, 2019
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  5. iluvatar5150

    iluvatar5150 Well-Known Member

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    Yes.
     
  6. Ana the Ist

    Ana the Ist Aggressively serene!

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    Sorry....I wasn't going by charges, but FBI uniform reporting.

    https://ucr.fbi.gov/leoka/2017/topic-pages/assaults_topic_page_-2017

    The numbers have changed since I last looked, but the percentages are the same. While I'm sure a small number of those are questionable....I think the vast majority are valid.
     
  7. Ana the Ist

    Ana the Ist Aggressively serene!

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    Do you think it gives an accurate understanding of what happened?
     
  8. iluvatar5150

    iluvatar5150 Well-Known Member

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    I think it's inconclusive.
     
  9. variant

    variant Happy Cat

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    The definition of what constitutes an assault is the issue here not how it is reported.

    Injuries are what make a job dangerous so this statistic is the interesting one:
    • Of the 60,211 officers who were assaulted, 17,476 (29.0 percent) sustained injuries.
    Your source seems to just assume assault means physically attacked so I'm not sure on the number.
     
    Last edited: Jun 8, 2019
  10. thecolorsblend

    thecolorsblend If God is your Father, who is your Mother? Supporter

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    Assault is already a crime. If an officer attempts to arrest somebody and then the suspect attacks him, that's assault.

    "Resisting arrest" usually consists of vague, imprecise, subjective and completely unprovable actions which are usually totally dependent on the officer's testimony. Generally, all it takes is the officer's word for this charge to stick.

    If a cop ever charges a suspect with this, I usually assume that he's lying. I'm rarely ever given a reason to change my opinion.
     
  11. Sparagmos

    Sparagmos Well-Known Member

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    Ah, yes, my ex was one of the assaulters! He accidentally touched a cop at a protest and the next thing you know he was on the ground getting arrested for “assaulting” a cop. He spent two days in jail and when he came home his whole body was covered in bruises.
     
  12. Ana the Ist

    Ana the Ist Aggressively serene!

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    Well those are injuries they're reporting (as in they'll want compensation, possibly medical bills covered) it's doubtful that every scrape and bruise gets reported.

    Regardless though...I don't see why an assault must end in injury in order to be dangerous.
     
  13. Ana the Ist

    Ana the Ist Aggressively serene!

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    From the sound of it....the cops where you live have reached a cartoon level of villiany.

    Do tell, where is this hive of evil where the criminals are but a minor nuisance and the cops are a blight upon civilized society?
     
  14. Ana the Ist

    Ana the Ist Aggressively serene!

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    Ehhh...that's fair.
     
  15. Ana the Ist

    Ana the Ist Aggressively serene!

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    We aren't talking about assault....we're talking about resisting arrest.

    Well in the case of the OP....they have video.

    Well a quick check shows that some states or jurisdictions are somewhat vague about resisting arrest....the general definition is rather clear and the subject in the video clearly resisted arrest.

    Resisting Arrest - FindLaw

    "To be found guilty, the burden is on the prosecution to prove guilt beyond a reasonable doubt all the elements of the crime. This can include:

    • Prove that the defendant was aware or should have reasonably known that the person they were resisting was a law enforcement officer;
    • Establish that the officer was performing their duties in a lawful manner; and
    • Show the defendant intentionally resisted arrest.

    And ....

    "Actions commonly seen as committing this crime include:

    • Physically struggling against or attacking an officer while attempting to arrest you;
    • Giving an officer a fake name or other false personal information; or
    • Requiring an officer to carry or drag you to make the arrest.
    So when the subject jerks his arm away and makes like he's going to leave....which the officer responds to by grabbing him....is a pretty clear cut example of resisting arrest.
     
  16. variant

    variant Happy Cat

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    I think they are taking the info out of police reports which should be accurately detailing and reporting what is going on as far as injuries.

    We can use the amount of injury to accurately assess the danger, as what is termed "assaults" doesn't give us any insight into what is actually being reported in that statistic. They don't define assault so I am using the definition they use under the law to shape my opinion. The information can be misleading though if we think of assault as a physical attack or attempt to injure, but that is just having a picture in our mind when we hear the word, an assumption.

    If the court of law considers blocking a gate or holding onto a steering wheel assault, then it is free to be showing up in that statistic and not inherently dangerous to the officer.
     
  17. W2L

    W2L Well-Known Member

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    Kids should respect authority.
     
  18. Ophiolite

    Ophiolite Recalcitrant Procrastinating Ape

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    Officers then behaving in a way to justify that disrespect, even worse. Are you opposed to cheek turning?
     
  19. Sparagmos

    Sparagmos Well-Known Member

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    It’s news to you that’s cops beat people up? That was in south Florida.
     
  20. W2L

    W2L Well-Known Member

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    "oink oink" isn't justified because it disrespects all cops, even the good ones.
     
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