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• by William N. Grigg (Pro Liberate).... During a bench trial, the prosecution admitted
that the arrest was illegal. Yet the judge ruled that Bear – who had no prior
criminal history -- was guilty of “escape” and imposed one year of unsupervised
probation. That conviction was upheld by the Arizona
Court of Appeals, which ruled that although the arrest was unwarranted and
illegal, Bear had engaged in an illegal act of “self-help” by refusing to
submit to abduction with appropriate meekness.
Decades ago, when
Arizona was a more civilized place, the state “followed the common-law rule
that a person may resist an illegal arrest,” the court acknowledged. But that morally sound and intellectually
unassailable policy was a casualty of what the court called “a trend … away from
the common-law rule and toward the judicial settlement of such disputes.”
Referring to the act of unlawfully seizing another human being and holding that
person by force as a “dispute” is a bit like calling assault rape a “lover's
quarrel.”...
