On Wednesday, NYPD Commissioner Bill Bratton urged state legislators to consider increasing the penalty for resisting arrest from a misdemeanor to a felony. The change, he argued, would help New Yorkers "get around this idea that you can resist arrest. You can't." It would also give cops an easy way to turn victims of their own worst impulses into the worst class of criminal.Making resisting arrest a felony, which makes it far more likely that people will cop a plea, because the prospect of years in prison, which means that uncovering police misconduct becomes even less likely.
In theory, a resisting arrest charge allows the state to further punish suspects who endanger the safety of police officers as they're being apprehended; in practice, it gives tautological justification to cops who enjoy roughing people up. Why did you use force against that suspect, officer? Because she was resisting arrest. How do I know you're telling the truth? Because I charged her with it, sir.
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Anticipating criticism, Bratton told the assembled lawmakers that he already had a plan to curb abuse: the department would use its CompStat arrest-tracking system to monitor officers who make lots of resisting charges that are eventually dropped, leaving oversight of the NYPD to the NYPD itself.
This proposal is an unalloyed evil, which is literally a blue print for a police state.
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