the problem from a legal standpoint is that the cop job is inherently scary and frightening. is almost no situation where a cop cannot get decent expert testimony to back her/him up and support notion they were in a state o' heightened anxiety.
beyond a reasonable doubt is also an extreme forgiving standard. is tough to fail a person on beyond a reasonable doubt when at issue is a split-second value judgement during a necessarily tense encounter. folks look at extreme low conviction rates o' cops as proof o' something skeevy but is not genuine surprising. juries do not like to convict cops, but beyond such is the reality o' beyond reasonable doubt criminal standard being applied to a high intensity situation with almost zero time for reflection by the cop.
and cop training tends to be suspect. force, up to and including deadly, is complete justified by cop training if there is any threat o' injury to self, other cops or otherwise innocent civilians. juries hear what cops is trained to do in situations and then already muddled situation becomes more opaque.
reasonable is the standard for torts-- civil. defendant in a civil case need be reasonable and is only o' a preponderance o' evidence required for a jury/judge to find liability. beyond a reasonable doubt is a much more difficult standard than preponderance, and even for manslaughter you need recklessness as 'posed to unreasonable.
@Hurlshot mentions accountability, but to whom is police accountable? why is there no good statistics for police shooting and excessive force encounters? we have answered this previous and we keep mentioning, but am thinking it ain't ever gonna be accepted 'cause it feels wrong. regardless, those state and municipal police departments, o' which there is near 15k in the US, don't owe any accounting to the federal government. the Constitution, for better or worse, specific reserves police power to states, which is why US is almost unique in not having a national police force.
'cause o' Constitution, no national accounting enforceable and no national training standard.
there is south dakota v. dole, which we has also mentioned previous, but am thinking such complicates matter unnecessarily. nevertheless, if any is interested in how fed might plausible enforce police standards and accountability, do a search for south dakota v. dole. while recognizing yet again that there is 15k police departments which need be monitored and for training and accountability and we ask for persons to think o' practicality o' such on top o' obvious legal hurdles. nevertheless, google south dakota v. dole if interested.
and arrest somebody who does not wanna be arrested, regardless o' crime, raises potential for force to be applied. unfortunate am thinking hurl has this aspect reversed. there is no good reason to resist arrest. particular if you believe cops is racist or prone to violence, why would you resist arrest? we will mention homelessness and mental health in a bit which complicates, but is a culture in this country which promotes being confrontational with cops which is profound dumb given recognition o' police willingness to use use force. why arrest somebody for passing funny money? why not? is a crime with, in theory, big penalties. has nothing whatsoever to do with shop owner where bad money were passed 'cause in criminal is always State v. Defendant. oddly enough, pass a bad check under a thousand dollars, in most jurisdictions, is only a misdemeanor. however, pass bad currency carries up to 20 freaking years o' fed time. frame the infraction so it appears so trivial an arrest is unnecessary is a failure to recognize actual nature o' the potential crime. arrest is perfect legit and resist is almost always stoopid.
admission:
back when we were a freshman at Cal, we almost got arrested. had the misfortune, for various reasons, o' being on streets o' danville at 2:00 am. a minority with a hoodie at 2:00 am were enough to attract police attention, so when the cop cruiser pulled up and police asked Gromnir for id and demanded an explanation for what we were doing, we provided the id and then suggested the cops engage in physical impossible sexual self gratification if they desired any additional information... at which point alpha cop got outta car and advanced towards us threatening. luckily alpha's partner intervened. instead o' the confrontation escalating, the cops got back in their car... at which point they followed us for twenty minutes until we arrived at a gas station where our ride picked us up and drove us back to campus.
in retrospect we knew how close we were to being f'd up by police, which woulda' changed our life trajectory considerable. why did we get mouthy with cops? answer: 'cause we were so smart and we knew our rights and we were offended at being targeted by cops. grow up on reservation and then go to a rather rough high school on south side of chicago for four years had ingrained in us fundamental contempt o' cop. should we have been feeling threatened by cops for getting chippy with them at 2am? no. law were on our side, but we knew the reality o' the situation and nevertheless put our self in a bad situation. the thing is our behaviour, while ill-advised, were hardly unique to Gromnir.
if cops justifiable or unjustly seek to arrest you, there is no good reason for resisting save to protect a family member from immediate harm. none. nevertheless, in spite o' cop casual brutality, too many persons give cops the excuse they want.
*shrug*
this is an exceeding complex issue and is no Court case or single legislative action which is gonna fix the problem. is a deep issue with historical, cultural and legal obstacles which complicate. am not suggesting do nothing 'cause is difficult, but am knowing many people feel frustrated 'cause governments ignore the problems and do nothing no matter how many times we see examples o' police violence perpetrated on otherwise innocent citizens. ordinary and everyday police violence is particular troublesome considering US homelessness and mental health issues in this country which has our most vulnerable populations understandably failing the attitude test almost before a police encounter begins. the problem is vast and complicated by Constitutional limits which means achieving change should not be expected save at local level. local level is where folks should focus efforts. but is unsatisfactory.
HA! Good Fun!