Blue Lives, hate crimes and resisting arrest (1 Viewer)

Zack Lee

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can someone explain to me how in the hell this law was interpreted this way and if it was interpreted correctly if we are in fact now a part of Florida?


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"Resisting an officer or battery of a police officer was just that charge, simply. But now, Governor Edwards, in the legislation, made it a hate crime now," said Hebert.

Under the new law, Hebert says any offender who resists, or gets physical, with an officer can be charged with a felony hate crime.

For example, if someone who's arrested for petty theft, a misdemeanor, tries to assault an officer, that individual can be charged with a hate crime. A hate crime is considered a much more serious offense, with serious consequences.
St. Martinville Police hope change comes with state's new hate c - KATC.com | Continuous News Coverage | Acadiana-Lafayette


Resisting arrest should not be labeled a hate crime | NOLA.com

There are some people who shrugged at the new law as a ridiculous redundancy. Why should we get exercised at the Legislature deciding to get tough on people who attack police when the state's statutes are already plenty tough on people who attack police?

St. Martinville Police Chief Calder Hebert provides us with one answer. Hebert said in an interview last week with a Lafayette television station that the law grants him permission to book people who resist arrest with committing a hate crime
 
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Zack Lee

Zack Lee

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the implications of this are really sickening. I was really wanting someone to rush in and just say this was just a misunderstanding by this cop.:jpshakehead:
 

tomwaits

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Good interview with Carlos Miller the founder of photographyisnotacrime.com on his own case (charged with resisting arrest among other things, all eventually found not guilty).

I think the police want the penalty for resisting arrest so great, that nobody would dare come close to doing anything that can be considered resisting. Carlos says initially he was found not guilty of the 6 or so crimes he was charged with (he was taking pictures of cops) but the resisting arrest stuck until he appealed.

The legal costs of battling a felony resisting arrest charge can't be cheap, and if you have to then appeal in order to get justice that doesn't make it cheaper. From hearing interviews like this, it sounds like the police often tack on a resisting arrest charge when they can.

https://scotthorton.org/interviews/...olice-abuse-photography-is-not-a-crime-pinac/
 
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Good interview with Carlos Miller the founder of photographyisnotacrime.com on his own case (charged with resisting arrest among other things, all eventually found not guilty).

I think the police want the penalty for resisting arrest so great, that nobody would dare come close to doing anything that can be considered resisting. Carlos says initially he was found not guilty of the 6 or so crimes he was charged with (he was taking pictures of cops) but the resisting arrest stuck until he appealed.

The legal costs of battling a felony resisting arrest charge can't be cheap, and if you have to then appeal in order to get justice that doesn't make it cheaper. From hearing interviews like this, it sounds like the police often tack on a resisting arrest charge when they can.

https://scotthorton.org/interviews/...olice-abuse-photography-is-not-a-crime-pinac/
A huge problem with this is without video evidence and or multiple independent bystanders, it's the cops word and way too easy to just throw that charge on anyone they want to make sure gets got.
 
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Zack Lee

Zack Lee

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A huge problem with this is without video evidence and or multiple independent bystanders, it's the cops word and way too easy to just throw that charge on anyone they want to make sure gets got.
...and it just ratchets up the mistrust of minorities/police relations, goes in the complete opposite direction of any progress discussions of the last two years have made. Not to mention waters down a charge that we reserve for the nastiest of single minded crimes against humanity.
 

ThisIsNewOrleans!

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How about just don't assault a police officer? If you're innocent and you know it, then comply and you'll be cleared. Am I missing something? I think hate crime is steep, yes. But how do you otherwise put a stop to it?
 

superchuck500

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How about just don't assault a police officer? If you're innocent and you know it, then comply and you'll be cleared. Am I missing something? I think hate crime is steep, yes. But how do you otherwise put a stop to it?
I think the problem people are having is that it purportedly includes "resisting an officer" - but I didn't see in the articles if "resisting" is defined anywhere, and could it include non-violent resistance.

But either way, in any hate crime charge, there has to be evidence that there was actual animus toward the categorical identity of the victim. It's not just going to be something they can throw around unwarranted. At least in theory - there's always abusers out there.
 

MLU

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How about just don't assault a police officer? If you're innocent and you know it, then comply and you'll be cleared. Am I missing something? I think hate crime is steep, yes. But how do you otherwise put a stop to it?
Lots of people get charged with resisting and don't assault a police officer. That is why there is an issue with this new law.
 

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