palani
21st January 2013, 01:54 PM
To which I will add the maxim of law that NECESSITY IMPORTS PRIVILEGE.
John Bad Elk v. United States from 1900. In that case, an attempt was made to arrest Mr. Bad Elk without probable cause, and Mr. Bad Elk killed a policeman who was attempting the false arrest. Bad Elk had been found guilty and sentenced to death. However, the Supreme Court ruled that Bad Elk had the right to use any force, including lethal force, to prevent his false arrest, even if the policeman was only trying to arrest him and not kill him. Basically, the Supremes of the day ruled that as a citizen, you have the right to defend against your civil rights being violated using ANY force necessary to prevent the violation, even if the offending party isn't trying to kill you.
John Bad Elk v. United States from 1900. In that case, an attempt was made to arrest Mr. Bad Elk without probable cause, and Mr. Bad Elk killed a policeman who was attempting the false arrest. Bad Elk had been found guilty and sentenced to death. However, the Supreme Court ruled that Bad Elk had the right to use any force, including lethal force, to prevent his false arrest, even if the policeman was only trying to arrest him and not kill him. Basically, the Supremes of the day ruled that as a citizen, you have the right to defend against your civil rights being violated using ANY force necessary to prevent the violation, even if the offending party isn't trying to kill you.