Friday, April 28, 2017

Armed Protests Against Police Violence

So before reading this, you should know that holding a gun is not equal to violence. If you think that this article promotes violence, you might need a dictionary.

"They’re not really aware that-They know some shits going on in this country somewhere but a lot of people out there don’t know where it’s at. They think it’s the black people doing it, you dig? That, “All those riots are causing my life to be miserable in all areas,“ you know. And they really haven’t focused in on the fact that it’s the pigs and their lynchers, the people who control the pigs, the power structure. Those bald headed businessmen at the chamber of commerce, you see. They’re not turned on to that power structure, they just know that life is becoming increasingly miserable for everybody.
But when they find out who it is that’s causing trouble, and who it is that’s making life miserable, and who it is that’s responsible for all their sons being murdered in Vietnam; when they get tuned in to that they’ll now be just like the Panthers. This is what we’re tuned into. We see what’s going on and more and more people are turning on to that.” -Eldridge Cleaver

These Police shootings are getting out of hand. This needs to get more serious.

First, Protestors need to start carrying Shotguns and Rifles, and at the very least there should be a group or various groups that travel around the country to bear arms at protests. You can openly carry, non-threateningly, a long arm (Rifle or Shotgun) in most states. After about 3 Police shootings where 20 or more people came out with guns and stood silently holding the guns protecting protesters from the Police, the Police would start being a lot more friendly.

States that Prohibit Open Carrying of Long Guns:
District of Columbia
New Jersey

States that Restrict, But Do Not Prohibit, the Open Carrying of Long Guns:

If anyone wants to transport a shotgun or rifle between states to bear arms in protest, there is the Firearm Owner's Protection Act (18 U.S. Code § 926A - Interstate transportation of firearms). You can transport a Shotgun or Rifle in your trunk or in a locked box, unloaded, out of reach if you have no trunk. And you can ignore any laws of any jurisdictions you pass through as long as you do that. Just make sure the place you are going allows open carry of long arms.

Now, some laws against Police shooting people.

To start off, there is the Eric Courtney Harris case. Where the Officer said he meant to use his taser and accidentally used his gun. This is good precedent for any case involving an Officer who shoots an unarmed person, no matter how much danger they feel they are in from that unarmed person. This case should be brought up in all unarmed police shootings, simply so that it can become a regular part of case law (as well as provide any case law that it contains) and be expanded on.

The 4th Amendment gives individuals the right to be "Secure in their Persons"
United States v. Brignoni-Ponce (1975)
"Whenever an officer restrains the freedom of a person to walk away, he has seized that person."

These are the main 2 cases that Police will use in their defense:
Tennessee v. Garner (1985)
"the use of force on a fleeing suspect has to be based on probable cause that they pose a threat"
"the killing of a fleeing suspect is a seizure under the Fourth Amendment, and is therefore constitutional only if reasonable."
"one of the factors is the extent of the intrusion, it is plain that reasonableness depends on not only when a seizure is made, but also how it is carried out" see, e.g.,United States v. Ortiz (1975); Terry v. Ohio (1968)
"Almost all crimes formerly punishable by death no longer are or can be." See, e.g., Enmund v. Florida (1982); Coker v. Georgia (1977)
"And while in earlier times "the gulf between the felonies and the minor offences was broad and deep," 2 Pollock & Maitland 467, n. 3; Carroll v. United States, supra, at 158, today the distinction is minor, and often arbitrary. Many crimes classified as misdemeanors, or nonexistent, at common law are now felonies. Wilgus, 22 Mich.L.Rev. at 572-573. These changes have undermined the concept, which was questionable to begin with, that use of deadly force against a fleeing felon is merely a speedier execution of someone who has already forfeited his life. They have also made the assumption that a "felon" is more dangerous than a misdemeanant untenable."
"It forbids the use of deadly force to apprehend a misdemeanant, condemning such action as disproportionately severe. See Holloway v. Moser, 193 N.C., at 187, 136 S.E. at 376; State v. Smith, 127 Iowa at 535, 103 N.W. at 945. See generally Annot., 83 A.L.R. 3d 238 (1978)."
"The Federal Bureau of Investigation and the New York City Police Department, for example, both forbid the use of firearms except when necessary to prevent death or grievous bodily harm. Id. at 40-41; App. 83. For accreditation by the Commission on Accreditation for Law Enforcement Agencies, a department must restrict the use of deadly force to situations where "the officer reasonably believes that the action is in defense of human life . . . or in defense of any person in immediate danger of serious physical injury.""

Graham v. Connor (1989)
"The reasonableness of a particular force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight"
"quite apart from any 'specific' of the Bill of Rights, application of undue force by law enforcement officers deprives a suspect of liberty without due process of law."
"Fourth Amendment's prohibition against unreasonable seizures of the person, holding that the "reasonableness" of a particular seizure depends not only on when it is made, but also on how it is carried out."
an officer's good intentions do not make an objectively unreasonable use of force constitutional. See Scott v. United States, citing United States v. Robinson (1973).
"A "seizure" triggering the Fourth Amendment's protections occurs only when government actors have, "by means of physical force or show of authority, . . . in some way restrained the liberty of a citizen," Terry v. Ohio (1968); see Brower v. County of Inyo (1989).
"an Eighth Amendment violation requires proof of the "unnecessary and wanton infliction of pain."'" quoting Ingraham v. Wright, in turn quoting Estelle v. Gamble (1976).
"in assessing the credibility of an officer's account of the circumstances that prompted the use of force, a factfinder may consider, along with other factors, evidence that the officer may have harbored ill-will toward the citizen." See Scott v. United States (1978)

No comments:

Post a Comment