Should Resisting Arrest be a felony?

No, it should not. Man, you “small government” types sure do love iron-fisted authority.

They only want small government when it comes to taxes. In every other aspect they want authoritarianism.

No.

The question seems written as if fighting the police isn’t prosecuted. Assaulting a police officer is a different and more serious infraction, I’m sure.

Of course not.

Why do I get the feeling that you read dystopian novels and think, “This sounds like paradise!”?

Of course not. A drunk, unable to stand up is vulnerable to a charge of resisting arrest, as is the man who simply utters the phrase “fuck off pig!” What is it with the right and its never ending ambition to advocate a draconian police state?

No. And, a lot of police killings the people are not resisting arrest. They are being compliant or being brutalized by police. Brutalized does not have to be beaten or in a choke hold. I have muscle problems and trouble breathing on my right side and if they were strong arming me I would be desperate to not be in agony or fear for my life, which they might perceive as resistant. If they were too rough too fast I could wind up very hurt or dead. Did you see 60 Minutes this past weekend? The police killed that young man for nothing.

You jellies above don’t understand that small government means small central government to a lot of Republicans. Local government is ok, because that’s often run by republicans where they live, but likely not the case for this particular OP.

No.
It should be a constitutional right to defend yourself against fascist cops with lethal force.

Hey, did you know that escaping from prison is not a crime in Germany?

It wouldn’t do any good. Crazy criminals will still fight back and get killed doing it.

Most cases of police killing individuals involve the victim resisting arrest by running, or fighting back….

But police are only supposed to use lethal force when they feel threatened. Killing someone “running away” is an extra-judicial execution.

And police use “resisting arrest” to describe anything from a full on struggle to avoid arrest to someone questioning why they are being detained having done nothing wrong. Arguing with a cop is “resisting arrest”. It’s a back pocket charge to make walking down the street into a felony.

Good for LA DA Gascon. You know he must be doing something right if the LAPD are upset.

If anyone is wondering why Gascone is on @crazyguy‘s mind, just look at Fox News’ front page. Tucker Carlson, the right’s favorite pro-fascist, racist, xenophobic actor has a brilliant piece about Soros and how crime is a direct result of Democrats’ policies.

If you want to know about Fox News’ propaganda of the day, let a conservative run their mouth (or fingers on a keyboard).

@Hamb I assume you read the entire list of misdemeanors that LA residents get a pass on. Here it is for those who have not seen it yet.

Trespass – Penal Code § 602(a)-(y)

Disturbing The Peace – Penal Code § 415(1)-(3)

Driving Without A Valid License – Vehicle Code § 12500(a)-(e)

Driving On A Suspended License – Vehicle Code § 14601.1(a)

Criminal Threats – Penal Code § 422

Drug & Paraphernalia Possession – Health & Safety Code §§ 11350, 11357, 11364, & 11377

Minor in Possession of Alcohol – Business & Professions § 25662(a)

Drinking in Public – Los Angeles County Municipal Code §13.18.010

Under the Influence of Controlled Substance – Health & Safety Code § 11550

Public Intoxication – Penal Code § 647(f)

Loitering – Penal Code § 647(b),(c), (d), (e)

Loitering To Commit Prostitution – Penal Code § 653.22(a)(1)

Resisting Arrest – Penal Code § 148(a)

I took this list from
https://da.lacounty.gov/sites/default/files/pdf/SPECIAL-DIRECTIVE-20-07.pdf

For some of the misdemeanors Gascon lists Exceptions and Factors which may figure in the decision to not prosecute. I edited those out in the interest of brevity. For Resisting Arrest, here is the list of Exceptions.
a. Exceptions or Factors For Consideration
i. Repeat offenses over the preceding 24 months involving substantially
similar behavior to that charged
ii. The actual use of physical force against a peace officer
iii. The charge is filed in connection with another offense not enumerated above

I assume all those who are in favor of Gascon’s proposed changes on misdemeanors are also in favor of eliminating cash bail, that he is passionate about.

However, there is a slight problem. In California, cash bail was eliminated in 2019. In 2020, California rejected a ballot initiative to eliminate cash bail by almost 13%. However, Gascon know better, and is on record as promising to eliminate cash bail. See

https://abc7.com/george-gascon-lada-los-angeles-county-district-attorney-cash-bail/8592215/

@crazyguy: “I assume you read the entire list of misdemeanors that LA residents get a pass on. Here it is for those who have not seen it yet.”

Thanks. This looks great!

@crazyguy: “I assume all those who are in favor of Gascon’s proposed changes on misdemeanors are also in favor of eliminating cash bail, that he is passionate about.”

Cash bail is indefensible. Of course I favor the elimination of cash bail.

@Hamb Did you know that even the People’s Republic of California rejected elimination of cash bail?

@crazyguy: The People’s Republic of China will shoot you in the head and make the family pay for the bullet. I don’t think we should strive to emulate anything from the People’s Republic of China.

“People’s Republic of California” – says the guy arguing for authoritarianism.

@crazyguy: “Did you know that even the People’s Republic of California rejected elimination of cash bail?”

Who gives a shit? You can’t allow the public to vote on basic human rights.

Also, I’m fairly certain that the state is called “California”.

I’m sure I’m playing into the bait here, but I agree with Hamb that when I look at that list, I mainly think of them being over-used to harass the homeless, poor, non-white, etc.

That there are guidelines for when to make exceptions also looks to me like a sign of this being good policy rather than bad.

Of course, for at least 70+ years there has been a fearful narrative about awful criminals escaping justice and being uncontrollable because of the legal system being “soft”.

What’s really called for is good discretion by everyone involved (citizens calling the for police, the police, judges, prosecutors)... and it sounds like the LA DA is trying to do that.

And politics like crazyguy is repeating for us here is one of the main things that can mess with balanced discretion by distracting people into an off-target binary argument.

@Zaku Thank you for a well-reasoned response. Something I can even partially agree with.

I agree that any laws should be used with discretion. However, I disagree with Gascone’s heavy-handed approach. @Hamb says: “Who gives a shit?” A majority of Californians did, apparently, give a shit. And, last time I checked, California was the bluest of blue.

I am not a lawyer, but I believe a Judge always has discretion in setting bail. If that is the case, Gascon is making changes that are absolutely unnecessary, and send the wrong message.

^^^ @crazyguy Gascon’s approach is the opposite of heavy handed. He wants to loosen the grip of the strong arm of the law.

Heavy handed is you sanctioning the police to shoot people in the back. You really love your jack booted thugs.

@zenvelo He means he thinks the DA is being heavy-handed towards the police, by saying he won’t prosecute those types of crimes, or won’t ask for cash bail.

I guess it would depend on the “level” of resisting arrest. I’ve seen the cops shows where they tackle some guy to the ground, there are two or three of them sitting on him and trying to pull his arms behind him, the whole time yelling “stop resisting!!!”. It doesn’t look to me as if the person is really resisting at all. So does stiffening your arm because it is uncomfortable to pull it behind you constitute resisting? If so, that is pretty picayune. Now, if the guy is throwing punches or has a weapon and is actively trying to beat his way out of arrest, that is pretty serious. The difference between these two is sort of the difference between a misdemeanor and a felony. The problem here is that “resisting” becomes a judgement call on the part of the cops. You may not be thinking you are resisting, but they might see you really challenging them. And to be charged with a felony because a cop yells “resisting!” will cause far more problems than it will solve. However, there should be allowance in the courts that if the resistance is severe or dangerous enough that they can change it to a felony…if there is evidence to support it.

No. There’s too much opportunity for law enforcement to falsely claim the arrestee was resisting.

Regarding cash bail, that’s just another form of our two-tiered justice system. Those with enough wealth can purchase their freedom, while others are detained in jail with the possibility of losing their jobs.

@seawulf575, I agree that resisting arrest can definitely be a judgment call or a matter of perception.

Absolutely not. Too many police officers behave as though they all-powerful gods that must be OBEYED under all circumstances. If resisting arrest becomes a felony, they will BELIEVE they are gods.

@zaku I do not appreciate being referred to in the third person – I am perfectly capable of answering for myself.

In response to @zenvelo‘s comment: Gascon’s approach is the opposite of heavy handed, please be reminded that the people opposed no-cash bail, and yet Gascon wants to do it. That is heavy-handed.

@lastexit Cash bail is supposed to be set based on a person’s ability to pay. A $100 bail obviously means different things to different people. Ability to flee justice is an important part of setting bail.

@give_seek Policemen have a very difficult job. Sometimes they do take liberties with the law. However, it seems all our sympathies are with the criminal, none with the victim, or the enforcer of the law.

@seawulf575 I agree 100%. In fact resisting arrest can be prosecuted even under Gascon, if it is egregious.

@crazyguy “However, it seems all our sympathies are with the criminal, none with the victim, or the enforcer of the law.”

And here’s your issue – you presume that the one being arrested is guilty, despite not yet having been charged, tried or convicted.

@crazyguy You keep conflating the statewide vote on the proposition with the sentiment in Los Ageles County. Gascon is the LA County DA, not he State Attorney General.

LA County funded alternatives to arrest and incarceration, taking the power out of the hands of the LA Sheriff.

@zenvelo I did a Google search on “can counties override state law on bail. Unfortunately, Google did not return a clear answer. Do you know?

@crazyguy The state doesn’t set bail amounts; the Court does. A judge can let any non violent offender go on their own recognizance.

@zenvelo So, other than changing the default, what exactly has Gascone changed?