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1. lliama+(OP)[view] [source] 2020-06-01 18:50:22
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

replies(2): >>cridde+Z6 >>dang+Pd
2. cridde+Z6[view] [source] 2020-06-01 19:27:25
>>lliama+(OP)
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?

replies(3): >>lliama+Eb >>clarkm+mc >>pm90+FN
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3. lliama+Eb[view] [source] [discussion] 2020-06-01 19:51:12
>>cridde+Z6
Call 911. Seriously, get an EMT out there.
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4. clarkm+mc[view] [source] [discussion] 2020-06-01 19:55:16
>>cridde+Z6
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

replies(1): >>brendo+iv
5. dang+Pd[view] [source] 2020-06-01 20:03:07
>>lliama+(OP)
"I applaud this" relates to the proposal announced at 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.
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6. brendo+iv[view] [source] [discussion] 2020-06-01 21:31:32
>>clarkm+mc
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).
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7. pm90+FN[view] [source] [discussion] 2020-06-01 23:24:57
>>cridde+Z6
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.
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