Thursday, September 18, 2008

Lawful 'Force' - noun or verb?

Kathy Noah, of Centerville, IA understands that lawful 'force' is supposed to be a noun, not a verb.

"...the propaganda being fed to us that taser guns are constitutionally sound." [LINK]

Read the entire letter at the above link.

It is about a person refusing to get out of a police car and being unconstitutionally tasered out of the car.

One applies lawful force (noun) to pick-up and move the uncooperative subject. One does not apply torture to illegally force (verb) the subject to obey. A taser shock is torture. It is not a lawful force.

The uncooperative subject can certainly be charged with resisting arrest and other related charges for their lack of cooperation. Another 30-days in jail would not be out-of-line for such resistance.

But they need to be passively resisting. If they actually fight back against the lawful force (noun), then the police would be entitled to defend themselves at that point. And the now-violent subject can be charged with assaulting a police officer at that point. Another 6-months in jail or more seems appropriate.

This is all the basic 'Civics' lessons which were once taught in Grade 6. As a society, we appear to have completely forgotten these very basic rules.

Using tasers in Touch Torture mode (also called Drive Stun) is clearly illegal in the vast majority of cases that I read about.

If you still don't understand the issue, then read the right-hand column, top to bottom.

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