Why It’s Impossible to Indict a Cop

[branford]

8. What's the basis for the purported unconstitutionality of the statutes?

The arrest statute represents the prevailing rules throughout the country and is basically a codification of common law, as are most self-defense type statutes. Any "tinkering" by the states is usually only at the very edges, such rules have been around for a very long time, and the vast majority of the public do not apparently object.

Great discretion is provided police officers in order to both protect them and the public. Officers and the public at large will always be given great priority over someone "reasonably believed" to have committed or is attempting to commit a felony. There is also a great body of law on what constitutes "reasonable," again, just like standard self-defense laws.

In any event, and regardless of the above, police officers are not commonly indicted for Michael Brown-type situations because people overall have faith and respect in most officers, regardless of whether it is truly warranted. The arrest statutes are not the reason why officers are not indicted, rather the arrest statutes are popular because the majority of people are freely willing to provide the police with such broad discretion.

The law is really not the primary issue, it's public attitudes and beliefs. Any change requires a far more fundamental shift in public thinking.