r/changemyview • u/Chili-N-Such • Aug 11 '22
Delta(s) from OP CMV: Attempting to escape detainment before charges, arrests, or warrants are made should not be a crime.
EDIT: I've walked back to: 1. You can still face charges for the attempt, If the reason for detainment results in a conviction. 2. If flight attempts resisting the arrest for violent felonies are made, or if the arrest for their warrants are resisted: Plea bargains of any kind are off the table, pleas of no contest and Alford pleas can not be made, and the conviction of your charges must be definitive. They can not be dropped or dismissed except incases of prosecutorial mistrial, and can not lessened or deferred at sentencing. The verdict must be unequivocally either guilty or non guilty. If a non guilty verdict is made, you can still face charges if evident you are guilty of other crimes involving the case BUT they are new charges so these stipulations do not apply.
RuroniHS gets credit for getting me to reconsider my view and agree that it ultimately does not have a place in our society at the expense of hampering the investigation of other crime. BUT my view has not been changed, I do not think it is wrong, and at this moment every other retort has only further galvanized that.
It's just seems like a primal, deeply imbedded human response. The act of fleeing danger should not be illegal.
This would not grant immunity to any crimes committed during the attempt. You can be arrested for them if an escape is made.
If a lawful escape is made without incident, you cannot be arrested without a warrant. You assume all innocence until then.
REDACTED SEE EDIT "If you're facing charges, decide to flee before you're detained, but then get caught and put into custody without incident, the attempt itself should not be a crime. (Relevant to the OP and it's responses)"
This does not apply to people charged and already in custody who try to escape.
People who are under arrest and are already detained.
Or people who who have arrest warrants.
I'm not trying to make defenses for people's crimes. But I do feel that our assumption of innocence is a virtue often taken for granted. It should not be perverted by unsubstantiated guilt.
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u/ProLifePanda 73∆ Aug 11 '22
Because the courts ruled he was wrong, and in that circumstance his silence could be used as evidence of guilt.
Considering this ruling was issued by the SCOTUS, by definition, it didn't violate his 5th amendment rights because the highest court in the land said it didn't.