Re: Unlawful Arrest
"What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed."
AKA, it is basically a defense that the defendant can employ to mitigate his/her level of offense. It does not mean that you get off the hook completely, it is all dependent on the circumstances. For instance, if someone is a diabetic and needs his/her insulin or he/she will die, that individual has a right to fight the arrest to ensure the safety of his/her own life. There is caselaw that this is true even when the person is being arrested lawfully. But, the person can ONLY use such force as necessary to allow that individual to use the life saving device.
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