Posted by: kundale February 11, 2015
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Tell cops not to use cruel and unusual punishment?
Yes. Because the assumption in your argument is that the person detained has to prove their innocence or that they're not doing anything wrong else law enforcement is justified on doing whatever they want.
My reading is that, it is the law, who has monopoly on violence who has to prove either probable cause or imminent danger - which from what I can see is not straightforward in this case.
You say,
" Indian man was a criminal, or a mentally disabled person, reaching out for a gun in his pocket-"
I say,
The whole reason of presumption of innocence requires that you not "encounter" someone because they are "mentally disabled" or "reaching for a gun". The law enforcement is required to produce them in court. Re:- habeas corpus. Also remember equal protection under law - after all it is not Nepal where a Danthe can break your head just 'cause he feels like it.
Yes. Because the assumption in your argument is that the person detained has to prove their innocence or that they're not doing anything wrong else law enforcement is justified on doing whatever they want.
My reading is that, it is the law, who has monopoly on violence who has to prove either probable cause or imminent danger - which from what I can see is not straightforward in this case.
You say,
" Indian man was a criminal, or a mentally disabled person, reaching out for a gun in his pocket-"
I say,
The whole reason of presumption of innocence requires that you not "encounter" someone because they are "mentally disabled" or "reaching for a gun". The law enforcement is required to produce them in court. Re:- habeas corpus. Also remember equal protection under law - after all it is not Nepal where a Danthe can break your head just 'cause he feels like it.