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Comment: Re:To clarify... (Score 1) 381

by tdwebste (#31561062) Attached to: Sci-Fi Writer Peter Watts Convicted of Assault

California Criminal Law Review, Vol. 2, July 2000

Abstract:

The national trend, during the past forty years, has been to do away with the common law right to resist an unlawful arrest. The right has been abrogated by judicial decree as well as legislative enactment. Elimination of the right is based on several factors, including the development of modern criminal procedure, the ability of criminal defendants to seek redress via other means, and the improvement of jail conditions. In the rush to eliminate a right perceived as against contemporary public policy, the courts have paid little attention to the original justification for the rule - that an illegal arrest is an affront to the dignity and sense of justice of the arrestee - and instead have focused on the alternatives to forcible resistance that have been developed, such as civil suits and the writ of habeas corpus.

The true fact is defendants are NOT able to redress unlawful arrest and unlawful arrest methods.

The rush has been to eliminate the criminal recourse against unlawful arrest and unlawful arrest methods have resulted in complicit support of unlawful arrest and unlawful arrest methods.

Comment: Common law right to resit an unlawful arrest (Score 2, Interesting) 381

by tdwebste (#31556332) Attached to: Sci-Fi Writer Peter Watts Convicted of Assault

California Criminal Law Review, Vol. 2, July 2000

Abstract:
The national trend, during the past forty years, has been to do away with the common law right to resist an unlawful arrest. The right has been abrogated by judicial decree as well as legislative enactment. Elimination of the right is based on several factors, including the development of modern criminal procedure, the ability of criminal defendants to seek redress via other means, and the improvement of jail conditions. In the rush to eliminate a right perceived as against contemporary public policy, the courts have paid little attention to the original justification for the rule - that an illegal arrest is an affront to the dignity and sense of justice of the arrestee - and instead have focused on the alternatives to forcible resistance that have been developed, such as civil suits and the writ of habeas corpus.

Mississippi is one of a dozen states that still permit a person to resist an unlawful arrest. Almost all of these states are located in the South. The question this geographical anomaly raises is why has the right to resist arrest survived in the South, and Mississippi in particular? This article suggests that a possible explanation may be the influence of uniquely Southern conceptions of honor and the right to use deadly force in self-defense. Historians have long acknowledged that Southern culture strongly supports the importance of personal honor and condones a "subculture of violence." This article examines the development and history of the right to resist an unlawful arrest at common law and in the United States, scholarly criticism of the common law rule, and the current status of the rule in the United States, the Southern "subculture of violence" and how that relates to cases involving resisting arrest in Mississippi. All Mississippi cases involving claims of a right to resist unlawful arrest are examined. The language of the Mississippi cases provides support for the argument that the right to resist arrest has remained entrenched in Southern law, and helps to explain why Southern states generally and Mississippi in particular have chosen to retain a common law rule which has fallen into disrepute in other regions of the country.

Comment: Re:I'm in Australia (Adelaide) Looking to move cou (Score 1) 450

by tdwebste (#23621167) Attached to: Moving Between Countries?
Welcome to BIG OIL^W^WCanada

Tar Sands supplying American auto suburbs with oil for the next 20 years.

BIG OIL has also invested heavily in Canada's, media, government.

This investment is an efficient way to ensure that Canada' Tar Sands will continue to have the world's lowest oil extraction royalties.

There are running jobs. Why don't you go chase them?

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