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Forum nameGeneral Discussion
Topic subjectRE: trial.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12683759&mesg_id=12684585
12684585, RE: trial.
Posted by SimplyHannah, Thu Dec-25-14 08:06 PM
>At trial if charged with resisting arrest and/or battery to a
>cop self defense is available as an affirmative defense. If
>the defense can prove the officer used excessive force and the
>defendant's force was reasonable given the circumstance (ie,
>didn't bring a gun to a fist fight) then the fact-finder may
>find the defendant not guilty.


Okay so we have the right to resist unlawful arrest, and the cops can still use excessive and potentially even lethal force to still arrest you even if "you" feel it is unlawful. And the only way to determine whether the arrest was lawful or unlawful is to go to a trial that you may or may not even be alive to make it to?

Also with what arguments can your attorney use to prove that you did not start a fight with cops sans witnesses or video evidence? Like how do you defend it?

And I really am asking these questions in all sincerity and not just to be contrary for the hell of it.