Why is "resisting arrest" a crime?

Question

If I am innocent of a crime and run from the police, I've done something stupid. In our current real world, I won't argue that. But what have I done wrong, really?

I am fine with someone being arrested who is caught in the act of committing a crime. I think also that a provision should be made to arrest a person who was charged and convicted in court who (after being given the opportunity) chose not to appear in their defense.

Absent, these provisions, I think that the crime really comes down to "disrespecting a cop". I believe that this has led to abuses and could lead to even worse abuses.

What do you think?

Wow! It's interesting to see the vitriol that you get when you question authority. In your zeal to "correct" me, few of you understood that I challenge the wisdom of actually resisting arrest. Moreover, I saw little indication that anyone perceived that I grant the necessity of allowing officers to arrest people in certain conditions.

Overall, the level of thinking in most of the answers has been pretty poor. I'll go back and review the good ones later. Thanks to those who have given thoughtful responses.

maestroleon2000:

Police outrank the president? That's an interesting claim. It got me thinking for which you get credit. However, I don't agree. To arrest the president for any reason, I'm certain they'd have to go through the U.S. Attorney General. Even after obtaining his approval, I can't imagine that it would be rank and file police that would get him.

malter:

To say that we have "agreed amongst ourselves" is false. I have never implicitly "agreed" to anything regarding our justice system. I desire peace and freedom, and I recognize that society needs rules to achieve these goals. So I voluntarily consent to obeying many laws. There are however some laws that I find contrary to the aims of achieving peace and freedom. I generally obey those laws as well but only out of fear of the consequences.

Your answer implies that I have somehow signed a contract to obey the laws as is. I have certainly not.

Answer 1

The way our legal system "functions" (not exactly the right term) is that it works through piling and then pleading. They charge you with a ton of charges in order to give you the opportunity to plead guilty to lesser charges and save everyone some time. This is why resisting arrest is a crime, why conspiracy is a crime, why a whole bunch of other fuzzy things that aren't actually crimes are crimes. It may also have something to do with respect of the justice system, but I think it mainly involves the pile and plea strategy of our justice system.

EDITED ADDITION:
Has there ever been a case when someone was charged just with resisting arrest? I've heard of plenty of cases where people have had that tacked on, but never for anyone (one friend got evading an officer instead of a speeding ticket, once). However, questioning the very existence of this law is good in that it might get some rethinking on it. I remember a few years ago, someone got arrested for interfering with justice by putting quarters in other people's parking meters. That luckily got rethought and the Supreme Court (in a different case) overturned such crazy abuses of authority.

Answer 2

1

Answer 3

I will preface my statement by saying that I'm not a big fan of cops in general.

HOWEVER...an arrest is NOT a conviction. If you are innocent, then you must follow the process of the law. That's why we have laws. The person in question was actually not even being arrested at first. He was being escorted. Then, he was being detained. Only after he put up resistance did the police use force.

Cops aren't a judge and jury. We have a pretty bad system of justice in the United States, but it's still ALOT better than most nations. The bottom line is that if you fight the system based on your moral and ethical beliefs, you can expect the system to fight right back. It doesn't matter who's right or wrong. 'The system' has a job to control people and enforce the law, without taking into account the circumstances. The court's job is to decide whether the situation calls for a crimminal conviction.

Answer 4

I've read through these replies and I'd like to add a thought.

I believe that the charge makes sense on a certain level... it's a little more clear than the often used and just as often bogus disorderly conduct charge...

However, here's a thought, as relates to tasers.

First off, the cops do seem to love those little things a bit too much. And that is becoming understood by people, who fear the idea of them being used. It is understandable human response to fear is to run.

What I'm saying is that if you give the police such painful methods, and they use them a bit indiscriminately, it is a logical next step that more and more people will run.

I'm reminded of something I saw once in a public park. A kid had climbed a tree, to get his pet squirrel in fact. A cop came and said, come down out of that tree and I'll beat the **** out of you.

OK, you can't get stupider than this. What kind of choice does the kid have. As it was, he stayed until dozens of cops, with literally a hundred more in buses, came to bring him down. They prodded him off the branch with a damned electric cattle prod. They were supposed to catch him in a net, but they let it go slack. He broke two bones. All he did was climb a tree and the cops treated him like Al Capone... no, amend that, gangsters are usually treated with respect.

It's a famous case in New York. The kid justifiably sued the city and won.

What I'm saying is that as cops get too carried away, I can understand why people would fear them

This can only be cured with consciousness.

If your a cop, and you don't like my words, read them again. I would hope you could understand them if you really try.

Answer 5

Running from the police is not in itself illegal, however, it does give them reasonable suspicion to chase you. And if they do catch you, they have authority to question you. This is not an arrest, because there are no charges during thier investigation. It is called a temporary detention. You shouldn't be searched at this time, but you can be "patted down" for weapons. You may also be cufffed during this investigation. If you struggle with them while you are still in the realm of their lawful temporary detention, then you can be arrested.

It isn't much different than a traffic stop. You are not arrested but lawfully detained. Even if you just get a warning, you are not free to leave until the officer completes his task. If you struggle during a traffic stop, same thing, you are probably getting charged.

Answer 6

the dictionary defines resisting as 'to fend off or prevent an effect'. The problem is that there are also laws called 'avoiding arrest' and 'evading arrest' and both of these would also fit that definition because in either case you are preventing the effect of an arrest. In reality though they are far different from each other. Also, according to this definition if you are surrounded and overpowered it isn't very likely that you are going to prevent an arrest.
Also, what many times is considered resisting is just a instinctive reaction or reflex reaction. It is normal for someone to fend of someone that suddenly puts their hands on them. The r-complex which governs our reflexes has been around millions of years longer then cops or the law.
Most of the people who answered your question so far seem to either misunderstand your question or have confused resisting arrest with avoiding or evading arrest.

Answer 7

If you have done nothing wrong you don't run. Resisting arrest means the police have reason to believe you did something and you are fighting them or running from them. Again... If you are not guilty why are you running? Running makes you only look more guilty. When you disrespect a cop its a whole different charge then resisting arrest. And why disrespect a cop to begin with? We all know that most cops aren't your best friend, but you sure like them when you need them don't you.

Answer 8

If I am innocent of a crime and run from the police, I've done something stupid. In our current real world, I won't argue that. But what have I done wrong, really?

Well I do agree with you on this one. When they catch you they should basically just question you and let you go.

Basically a Cop can arrest anyone for any "reason" they want , I know people that it has happened too.

Answer 9

Resisting arrest means refusing the direct orders of a police officer. It is a good law. If a police officer is found to be wrong at a later date, so be it. But do not refuse to follow the instructions of a police officer. It is a criminal offense.

Answer 10

Under our system of justice we have agreed amongst ourselves that we will obey the lawful order of a police officer and that failure to obey a lawful order may result in ones arrest and possible charges being filed.

So if an officer places you under arrest or is in the process of placing you under arrest you have an obligation under our system of justice to accompany him/her without resisting.

The fact that you are innocent of the crime that he is investigating is not up to you to determine but is the responsibility of the police officer who has you in custody.

Don't like that.....write your state legislator and get the law changed....this too is our system of justice and government.