Reblogging again for quotes;
βStory affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that βa situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.β There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority.
βStory concluded, βIf there be any remedy at all β¦ it is a remedy never provided for by human institutions.β That was the βultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.ββ (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.)β
βAn illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.β (State v. Robinson, 145 ME. 77, 72 ATL. 260).
βAs a practical matter one should try to avoid relying on the above in an actual confrontation with law enforcement agents, who are likely not to know or care about any of it. Some recent courts have refused to follow these principles, and grand juries, controlled by prosecutors, have refused to indict officers who killed innocent people claiming the subject βresistedβ or βlooked like he might have a gunβ. Once dedicated to βprotect and serveβ, far too many law enforcement officers have become brutal, lawless occupying military forces.β
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