Most modern day statutes provide that an arrest must be lawful in order for a person to be charged with resisting arrest
Most modern day statutes provide that an arrest must be lawful in order for a person to be charged with resisting arrest. While resistance may be considered justified at common law, some jurisdictions find that it is no defense to the arrestee if it is later shown that the arrest was unlawful. This places the citizen in the position of compliance for the safety of the officer, with the determination as to the merits of that arrest left to the court. A citizen could still file a civil lawsuit if the arrest was alleged to have been unlawful.
Deadly force by a law enforcement officer may only be used to prevent death or serious injury to the public, the officer, or to apprehend a suspect who poses a serious risk of future harm if not taken into custody. However, it is unconstitutional to automatically resort to deadly force to apprehend a fleeing felon.
Instructions:
In your main post, research a recent case on the use of deadly force and include the following:
Summarize the facts of your selected case and the court’s ruling.
As a criminal justice professional, explain your agreement or disagreement with the court’s ruling in terms of how it would affect your performance on the job.
Evaluate the constitutional aspects of the law regarding deadly force in the case of a fleeing felon.
Analyze whether you believe the law in the area of deadly force is aligned or misaligned, given the rules and limited exceptions, using examples to support your position.
Answer preview Most modern day statutes provide that an arrest must be lawful in order for a person to be charged with resisting arrest
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