From: Michael S. Lorrey (retroman@turbont.net)
Date: Tue Apr 18 2000 - 23:16:32 MDT
James Rogers wrote:
>
> On Tue, 18 Apr 2000, Zero Powers wrote:
> > >From: James Rogers <jamesr@best.com>
> > >
> > >The only protection offered against illegitimate use of deadly force in
> > >the U.S. is to kill the state agents/police at the time the incident
> > >occurs.
> >
> > Murder is *already* a capital offense, even if you are wearing a cop uniform
> > at the time you commit the murder. So I assume what you are suggesting is
> > some sort of summary execution which bypasses the jury trial process, right?
> > That sounds like a really great plan. Oh, except for the minor detail
> > that *no one in their right mind would become a cop*. I'm amazed that they
> > can hire people as cops now to get paid marginally well to risk their lives
> > every working hour of the day. And now, in addition to getting reprimanded,
> > suspended, fired and sued for making an error, you think they should be
> > *killed* too? Yeah, sure I might take that job...if it paid $10 million a
> > year.
No, it would make sure that cops make sure that their actions are legal
before they take them. When you are dealing with life or death issues,
why does the life of an innocent law abiding civilian mean less than
someone who has been condemned to death by a jury? You seem to think
that so long as the cops are doing their jobs and following orders, they
can kill whoever they want with impunity.
>
> This is legal *now*, and always has been; I wasn't making a suggestion. It
> is considered self-defense if you kill a cop executing illegal force,
> whether the use of illegal force is accidental or intentional. The moment
> someone threatens lethal force against you without correct legal
> authority, they become fair game in the eyes of the law whether or not
> they come under the color of authority.
>
> Please note the importance of making sure the police are bearing correct
> legal authority; if they are, one cannot legitimately resist them.
> However, if they kick in the door of the wrong address, a violent response
> is justified even if they have a warrant for that address as the warrant
> is effectively invalidated by being incorrect. The courts have ruled
> repeatedly that killing police while they are threatening lethal force on
> an illegal or invalid pretext is to be considered justifiable homicide.
> There are rules about where the lines are drawn, but the priniciple stands
> on its own.
>
The problem with such situations though is getting out of it alive. Once
you've killed a cop, most other cops look at you as an open season
target. They dont' want you to be alive to be able to question the
legality of the warrant or their actions, especially those cops who
operate in 'unconventional' units, like vice, gang violence, organized
crime, or other units.
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