I agree
I respectfully disagree.
The officer escalated the use of force well beyond what was necessary. He's probably at least 200 lbs and fit. She's a minor and couldn't be more than 115 lbs.
He runs in there, kicks her, shoves her into the wall, grabs her by the hair and throws her down onto the floor and while she's there, punches her at least twice in the head. I do not see anything in that tape to indicate that she was resisting or that the officer's safety was an issue.
The idea that this treatment at the hands of a law enforcement official will somehow make her a better citizen or prevent her from getting worse treatment in the future is ridiculous. He is a police officer. He has no authority to met out justice or punishment the way he did. She does not state that she was innocent. She admits to kicking the shoe at the officer and being lippy with him. Look again at the tape: she does not kick it hard. She was already in the detention room. What was the purpose of throwing her on the ground? preventing her from fleeing?? He already had complete control of the situation. If he wanted to "regain control" of the situation by cuffing her, I've got no problem with that. But the way he went about it crossed the line of acceptable force.
This is irrelevant. The fact is that his response to her "assault" is clearly excessive
I find it disturbing that you can joke about a 15 year old girl being beaten in such a way by a grown man, never mind that he is a police officer. Do you not have an issue with violence against women? against children?
Again, irrelevant, as his actions are clearly excessive for the situation.
And please: She softly kicked a shoe at him.
He isn't. He is merely extrapolating the consequences of defending his property. In the situation you describe, it would not be unreasonable to presume the kids would use those items as weapons once he began to defend his property.
You are incorrect. You are absolutely allowed to defend your property according to Section 27 of the Criminal Code of Canada:http://laws.justice.gc.ca/en/ShowFul...6//20090615/enUse of force to prevent commission of offence
27. Every one is justified in using as much force as is reasonably necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).
R.S., c. C-34, s. 27.
I know you're kidding, I'm pretty sure you're kidding.....
Do not presume to know what I would or would not do. I would defend my property and myself, but I would not use any force that is is out of proportion to the threat and I would not use any force that would be reasonably considered to be punitive or vengeful....
In Canada, you cannot actually "argue" with a Police Officer (although you can discuss things with them). To argue with one (as is shout, yell, etc.) would buy you a charge called "Breech of Peace", or something like that, and they can arrest you for it.
However, I actually do agree with you on the highlighted portion, but again, this police officer's response was excessive
I am not a lawyer either, but have a (rudimentary) understanding of laws pertaining to self defence. In the Brinks scenario, if you were to grab the guard's bag of money, be prepared to have a fight on your hands. If you're fighting him, you are putting his health and safety at risk. So he's legally entitled to defend himself by fighting back against you. Furthermore, you'd be an idiot to try and do this while not armed yourself. Hence the guard carries a gun. So yeah, he could shoot you if it escalated to it.
If you only grabbed the bag and ran without a fight, he'd give chase but could not shoot you until you actually put up a fight or resisted capture in a way such that the use of a gun would be considered reasonable by your average person. But you'd be crazy to try this.
I never stated that I'd do this. I was only speaking hypothetically/generically to the scenario you described. Myself, I would NOT use more force than is necessary to stop the kid from vandalizing my property and arresting him. If doing so turned into a bigger fight that required more force to defend myself, well, that's a different scenario
I agree whole heartedly.
if you're not being sarcastic, well, you're welcome. But what would it matter if I did?
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