I maintain that “resisting arrest” should result in a mandatory 10-year prison sentence. No ifs, Ands, or Buts. Teach that to the kids in school. Show it on all the cop shows on TV — everyone knows the Miranda Rights: “You have the right to remain silent ...” That’s burned in our brains from TV. Well, make it so everyone knows — 100% — if you resist arrest, you get 10-years in the slammer. Right away. Anyone and Everyone. No fancy lawyer will save you.
People just need to behave and comply. If the cop is “hassling” you, you can prove it in court later on. For today?? Just do what the man says.
In a gentler society of citizens with a sense of community and responsibility, such harsh measures wouldn’t be necessary, but certain segments of society think they’re still up the Congo river somewhere and behave accordingly. So like Otter said, it’s a shame a few bad apples have to spoil the fun for everyone else.
What cop shows?
Those all got pulled the day St. George OD’d
The reason is positional asphyxia.
As law enforcement officers, part of your job is to subdue and restrain violent people in order to protect yourself, others, and even the subject being restrained. Unfortunately, the techniques you use to control and restrain the subject may interfere with that individual’s ability to breathe. This can result in an in-custody death from a phenomenon called positional asphyxia.Despite the name, positional asphyxia is not just about the position of the subject’s body. There are precipitating factors that make positional asphyxia deadly. These factors include intoxication due to alcohol, drug use, obesity, psychiatric illnesses, and physical injury. Positional asphyxia may even be caused simply by the subject getting into a breathing-restricted position they cannot get out of, either through their own carelessness or as a consequence of an accident or illness. Some people have suffered seizures that trapped them in positions where their breathing was restricted and death has resulted.
Positional asphyxia is a potential danger of some common physical restraint techniques. That’s why it is necessary for law enforcement officers to know and understand that preexisting risk factors combined with the body position of the subject when subdued or while in transport can increase the risk of in-custody death.
Source
There have been enough cases of this happening (GEORGE FLOYD) that any black person with ANY ONE of these accompanying conditions who has been paying attention knows better than to let themselves be handcuffed unless they have a death wish.
I have congestive heart failure. My heart is swollen and does not pump blood and oxygen properly. I can't even sleep lying down flat, but only in a reclyner. If I was placed on my stomach with my hands cuffed behind my back I would die. Even without the handcuffs I would die if forced to lay on my stomach/chest for any length of time. Dying by suffocation is a slow, agonizing process.
While I would not have done what this scared-out-of-her-wits criminal did, I would rather be shot than die of asphyxiation with my hands cuffed behind my back. Obviously, so would she.
The police are WAY WAY WAY past due in finding another method of restraint.
"...resisting arrest gets mandatory 10-year sentence..."
If I was King...
Hangings would happen EVERY day.
There is already Resisting Arrest Without Violence which can mean that the arrestee pouted at the officer. no, mandatory sentencing 10 years would quickly begin putting drivers in jail who respond to a ticket by saying, “I don’t deserve this.”
That’s pure Bullshiite. I was arrested recently for that very same charge when I criticized an officer for not doing his job after I was the VICTIM of 3 violent felonies. Complete bullshiite.