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I applaud this. EDIT: I applaud Justin Amash's proposal to eliminate qualified immunity[1] (Thanks, dang). One of the scary things about the George Floyd inci

I applaud this. EDIT: I applaud Justin Amash's proposal to eliminate qualified immunity[1] (Thanks, dang). One of the scary things about the George Floyd incident is that resisting arrest might have been the better option. That has some pretty dark implications about rule of law. I understand the impulse of those on the right to give police officers the benefit of the doubt when it comes to what can very often be a dangerous calling, but I think that everyone (including police officers) will be safer if the police can be legally held accountable to a higher standard. [1] https://news.ycombinator.com/item?id=23379576 https://news.ycombinator.com/item?id=23379576

criddell 6y ago
I wonder what a bystander can do when they see a police officer doing something like holding a knee on a person's neck for 8 minutes? If you do nothing, Mr. Floyd dies. If you get involved, Mr. Floyd may live but you may be the next person under the knee. Could a good Samaritan defense for people who interfere with the police in good faith work?
- lliamander 6y ago
  Call 911. Seriously, get an EMT out there.
- clarkmoody 6y ago
  Don't take legal advice from Hacker News, obviously :-) In Texas[0]: (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. Elsewhere: Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person. Assuming you survive the encounter, it is possible you could prevail on your day in court. [0] https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C
  - brendoelfrendo 6y ago
    I mean, sure, but the moment you attack a police officer--even if you intend to save someone's life--you're probably going to end up getting hurt even worse, if not simply shot (ESPECIALLY in Texas).
- pm90 6y ago
  I think that would almost certainly not hold anywhere in the US. You would be charged with resisting arrest, interfering with crime scene etc. There are a crap ton of laws that protect the police.
dang 6y ago
"I applaud this" relates to the proposal announced at https://news.ycombinator.com/item?id=23379576 https://news.ycombinator.com/item?id=23379576. We're going to merge some threads, and I want to include this subthread in the merge since it's on the general topic. But that's an important bit of context not to miss.

criddell 6y ago

I wonder what a bystander can do when they see a police officer doing something like holding a knee on a person's neck for 8 minutes? If you do nothing, Mr. Floyd dies. If you get involved, Mr. Floyd may live but you may be the next person under the knee. Could a good Samaritan defense for people who interfere with the police in good faith work?

lliamander 6y ago
Call 911. Seriously, get an EMT out there.
clarkmoody 6y ago
Don't take legal advice from Hacker News, obviously :-) In Texas[0]: (c) The use of force to resist an arrest or search is justified: (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary. Elsewhere: Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if: (1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and (2) the actor reasonably believes that his intervention is immediately necessary to protect the third person. Assuming you survive the encounter, it is possible you could prevail on your day in court. [0] https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C
- brendoelfrendo 6y ago
  I mean, sure, but the moment you attack a police officer--even if you intend to save someone's life--you're probably going to end up getting hurt even worse, if not simply shot (ESPECIALLY in Texas).
pm90 6y ago
I think that would almost certainly not hold anywhere in the US. You would be charged with resisting arrest, interfering with crime scene etc. There are a crap ton of laws that protect the police.

dang 6y ago

"I applaud this" relates to the proposal announced at https://news.ycombinator.com/item?id=23379576 https://news.ycombinator.com/item?id=23379576. We're going to merge some threads, and I want to include this subthread in the merge since it's on the general topic. But that's an important bit of context not to miss.