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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMother Jones: 6 Good Reasons A Black Person Might Resist Arrest
http://m.motherjones.com/politics/2014/08/six-reasons-black-person-might-resist-arrest-michael-brown-dante-parker-eric-garnerHere is just the end of it:
So why would someone like Dante Parker or Eric Garner resist arrest? Here are six good reasons:
The idea that "if you didn't do anything wrong, you don't have anything to fear" does not hold true for black people.
*Most people who end up being exonerated for crimes they served time for, but didn't commit, are people of color.
*Blacks routinely serve higher sentences than whitesfor the same crimes.
*Once in custody, black men are rough-handled by police more often than whites.
*Racial profiling and bias in police departments across the country is well-documented.
*There are many well-known cases of police torture directed at blacks in prison, such as the dozens of black Chicago inmates who were systematically tortured over a span of 20 years.
*Scientific studies shed light on how racial bias can influence witness testimony, like this finding that race can make people "see" guns, or a reach for a gun, where no weapon was present.
Asking why a black man with even the slightest bit of awareness of these facts wouldn't fully cooperate with the cops is a bit like asking why William Wallace didn't simply extend a warm welcome to the invading English forces. Here's a better question: What are law enforcement agencies doing to heal their relationships with the black communities they're supposed to protect and serve?
Voice for Peace
(13,141 posts)Nye Bevan
(25,406 posts)and at worst, gives them an excuse to kill you. No good ever came out of resisting arrest.
jwirr
(39,215 posts)using shot first and ask questions later tactics more and more.
JackRiddler
(24,979 posts)even if you don't.
It's common. It usually gets dropped. If they haul you in for chewing gum, they'll be sure to add a bogus felony on top. It's ass-coverage for the routine abuse.
Little Star
(17,055 posts)AgingAmerican
(12,958 posts)I had a neighbor who told me that his uncle was a retired LAPD officer. He said his uncle told him that, "Whites you don't have to beat them, because they aren't very tough. Latinos, you have to beat them up a bit because they are kinda tough, but blacks you have to really beat the crap out of them, because they are really, really tough."
He said his uncle was actually being serious when he said it.
K&R
davidn3600
(6,342 posts)YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.
IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
https://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you
Once an officer has made the determination to arrest you, there is nothing you can do to stop that from happening. Resisting will only make it worse. You do not have to cooperate with the investigation. You dont have to give any information (other than maybe your ID). The best thing to do is to keep quiet and then talk to your lawyer about what to do next. The only way for you to win now is through the court system.
gollygee
(22,336 posts)It is not trying to convince people to resist. It's explaining that their experiences with police and the criminal justice system are so different that they sometimes respond differently to police and being arrested than you would.
mythology
(9,527 posts)For example, what's the number of people who are arrested calmly and taken back to the police station and beaten versus the likelihood of being hit with a nightstick repeatedly for resisting?
The article is trying to justify an action that has a very low expected value move. The vastly smarter move is to do as the ACLU suggests. Yes, it's a pain in the ass, but given that resisting arrest is pretty much 100% of the time going to result in you getting the crap kicked out of you and then arrested, go with the smarter odds.
gollygee
(22,336 posts)"Why didn't (whoever) just quietly give up? There's no good reason for him to have resisted." When people are scared for *good* reasons, they might do things that are unwise or ultimately lead to a worse conclusion, but there is a good reason for it.
PoliticAverse
(26,366 posts)which will result in you getting arrested anyway along with resisting arrest and possible assault charges added
and possibly worse things happening to you.
AgingAmerican
(12,958 posts)...intellectually. If you are not suspected of committing a specific crime, you should resist by knowing the law and asserting your rights. Filming the encounter is a huge plus.
There are apps that upload and store video and audio from your Droid or iPhone live as it happens, as long as you have a cell signal or wifi. If they take your phone away from you and erase it, well too bad cuz you already have the evidence!
My favorite is Fi-Vo Film which costs $1.99 and is available for both Droid and iPhone. Fi-Vo is specifically designed for police encounters. As you record, your video instantly saves to your phone and uploads to your free Dropbox account.
There is a website called, "Copblock" that has lots and lots of resources for dealing with LEO and asserting your rights. Knowledge is power.
This video should be treated as gospel
JackRiddler
(24,979 posts)"resisting arrest" is a charge cops often just add at their own discretion whether or not there was "resisting." Mere talk-back can qualify. Or nothing.
We're not talking here about cases where a crime has been committed and now the cops are investigating a suspect on cause. We're talking about everyday street patrols accosting people, and especially the police presence at demonstrations. The policies incentivizing their constant drive to accost include the philosophies of broken windows and zero tolerance policing, drug prohibition and the war on drugs (especially the very insane focus on marijuana), and statistically-driven performance evaluation.
They can be hair-trigger about detecting "provocations." You might say they arrive to many situations already feeling provoked, with a sense that they are unjustly hated and besieged (the default mode of anger was very evident in the tone of the PBA press conference last week). A question about what they are doing, failure to immediately "step back", showing the wrong face when they are incredibly rude and abrupt to people standing at a scene, raising your cell phone in the air: all of these have served as "provocations."
Once they begin to feel provoked or challenged, it can happen that attempted moments of deescalation are treated as impositions or threats. You do what they command right away or you are enemy, and even if you follow orders precisely they may interpret some imperfection in your expression or posture as a form of defiance. Backing down to them is not always sufficient to prevent "provocation."
(also me)