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Obviously we put it at the feet of the politicians, however individual cops still bear some responsibility. None of the Nazi atrocities would of happened if soldiers refused to follow them (yes its a bit extreme but paints a picture)
As a former cop.....
I was conflicted by that for a long time.
But then....
I got it explained to me (and I'm not saying that it is the end-all answer). The conversation went something like....
The Constitution is the Law of the Land and the basis for all laws passed in the USA. Politicians aren't supposed to make unconstitutional laws. The politicians make the laws and there are checks and balances to their powers. And, the AG is supposed to also check the law too prior to it being signed by the executive.
BTW.....Mark, do you have a law degree or are you a lawyer?
Nope.
Right. And those politicians usually are. So then, who are you to say much about The Law? It's not likely that we'll be called upon to collect Jews and send them off in the train cars. And, it's not like we'll be asked to form a line and open fire on the people as they are out in the field enjoying a smoke or lunch.
Obviously, I'm not gonna follow those kinds of orders.
Yes, you know your history. Besides, we also have the SCOTUS. And questions of the Constitutionality of any law is their job to interpret. Meaning that......until the SCOTUS rules otherwise.....the law is lawful.
Ok, Ok, ok......I get where you're coming from. And besides, I could always leave/quit, if don't like doing their $@^*.
Aloha, Mark
PS....story time.....
Someone refuses their ID to be issued a summons on a minor offense. You're violating my Constitutional Rights!
A young rookie had just graduated from the academy and was on foot patrol in Waikiki. The rookie had an encounter with a tourist. The tourist perhaps wanted to either test the officer or just was out and out refusing to turn over their ID to be issued a summons. I can't recall. And as for the original violation, IIRC it was something minor.
Could have been...... J-walking.
So anyway.....not getting compliance.....the rookie ends up spraying the tourist with OC before finally making the arrest.
OMG.....the news got ahold of it and ran with it.
83 year old tourist pepper-sprayed by police.
I was shocked too.
But then.....a couple of weeks later, I happened to talk with the Training Division staff and my eyes were opened to the latest technique as taught by the academy. The use of OC was authorized/recommended if/when the suspect offered non-compliance to lawful orders. The training division said that it wasn't your job to get hurt. OC is considered to be "less than lethal" and very low on the force continuum.
So think awhile (and it's not always the case that every step has to be done before the next step)......
Officer- uniformed presence
Officer speaks w/the person and requests compliance to submit.
Light touch.
OC spray.
Physical force or baton, etc....etc.....
So then....
I can see the revulsion to the use of OC on someone that old. But.....how much of the encounter and the resulting police response was in the control of the suspect?
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