All Lives Matter   Leave a comment

Image result for image of police brutalityBrad has been making me watch these videos on 1st Amendment audits. Search for them on Youtube. Some of them are annoying and some of them are very informative. I’m sort of fed up with Brad’s latest obsession, but I am grateful to know about the topic.

Basically, law enforcement in the United States has gone full-on tyrannical. Again, this is associated with the growth of the state. We thought it was a good idea to give government agents the authority to order people around and abuse them regardless if they are causing harm to anyone. We’re reaping the logical results of that concept. Brad wants to see it change right now, but I recognize that’s a sea-change requiring an evolution in consciousness.

The current relationship of law enforcement officers to the public is flatout wrong, but the fix will take a long time to establish. In the meantime, there are some obvious fixes that would make things a lot better right now – and it’s hard to imagine anyone objecting.

Image result for image of police brutalityLaw enforcers should be required to know the law – and be fired when they are caught making up law  …

Law enforcers have guns. You knew that. Citizens who carry guns operate under extremely strict rules and are warned that they had better not operate outside the law, even by a little bit. Repercussions for doing so are severe. Statistics show they comply and rarely rarely operate outside the law.

Is is legal to film cops in their interactions with you?

Shouldn’t the same standard apply to armed police officers? Shouldn’t they be expected to at least know what the law is? Shouldn’t they be sanctioned just as severely as an ordinary citizen if they step outside the bounds of the law?

Keep in mind that everything cop – no matter how “friendly” he may seem – is backed up by a gun. You know it and he knows it. This makes every encounter between a citizen and a police officer inherently threatening to the citizen, who is usually unarmed.

Which is why it so important that law enforcers restrict their enforcement to the actual law … and nothing beyond the law. No citizen should ever have to worry about law enforcement unless he has violated a law or, to borrow from legalese, given law enforcement some specific reason to suspect he has or may be about to violate the law.

Is it legal to film public buildings from public spaces?

And yet, citizens are routinely accosted by armed law enforcement ignorant (or contemptuous) of the law. Examples are many but include belligerently confronting citizens legally taking pictures or video in public, where there is no expectation of privacy and the courts have repeatedly stated that no permit or permission is needed to photograph or video record anything that is plainly visible from a sidewalk or other public right-of-way. That includes  law enforcement offices, courts, jail facilities and so on.

Image result for image of police brutalityLaw enforcers often regard such photography/video-taking as an affront to their authority, but it is not illegal. If they do not know this and accost citizens, they are derelict in their duty. If they do know this and accost citizens, they are simply thugs. Either should be cause for immediate dismissal and, in several of the cases I’ve viewed, criminal prosecution. If mere citizen accosted someone lawfully going about his business in such a manner, we would be arrested and probably tried and convicted for assault.

Any illegal act performed by a person given life or death power over others ought to be treated at least as seriously as the same action would be treated if performed by an ordinary citizen, who usually lack life or death power over others.

Law enforcement is “trained” in all kinds of things peripheral to knowledge of the law: e.g., how to suss out arbitrarily illegal drugs or perform a “visual estimate” of vehicle speed, admissible as evidence in court. Why not require that law enforcers demonstrate competent working knowledge of the law – and weed out those who demonstrate that they do not possess it?

The right to defend oneself against an abusive law enforcer

If someone enters your home illegally, attempts to take something of yours or threatens you with physical violence, you have a legal (as well as moral) right to defend yourself. If you get the better of your assailant – or simply get away from him – you won’t be charged with a crime, but they will be.

 

Few question the rightness of this.

Image result for image of police brutalityWhy shouldn’t the same standard apply when a citizen is abused by law enforcement? Why should a government-issued costume grant what amounts to a license to abuse people by making such abuse, in effect, a legally protected act – since the citizen isn’t permitted to defend himself against such?

Shouldn’t a citizen be free to ignore a palpably unlawful command and walk away without legal repercussions? And, if legally justified, defend himself physically against an abusive law enforcer?

As it stands, not only does a citizen face repercussions for ignoring unlawful orders or defending himself against abuse of authority, the abusive law enforcer is treated far more gently for his abusive actions than the citizen is for defending his legal rights.

Personal liability for wrong-doing

Most of us are held personally responsible, civilly as well as criminally, for any reckless or criminal conduct we commit that results in harm to others or damage to their property. Ordinary citizens cannot foist the bill for the damage they cause in the course of their work onto the backs of taxpayers, as law enforcement routinely does.

We all want to believe that cops have our best interests at heart, but many of us have had encounters that have convinced us that most of them don’t. Many people live in jurisdictions where cops have killed and assaulted law-abiding citizens without any repercussions. When police step over the line, they should face judgment just as when citizens step over the line. Yes, losing their jobs should be on the table, but when they physically harm someone or cause property damage, they should also face criminal penalty and civil liability … just like ordinary citizens. Furthermore, they should not be allowed to fall back on the excuse that the citizen they were pummeling was “resisting arrest” when the person was just trying to protect themselves from an assault.

Posted December 26, 2017 by aurorawatcherak in Government

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