ILNews

Editorial: Threats are inappropriate way to voice an opinion

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Editorial

Unless you’ve been under a rock of late, you know that the Indiana Supreme Court decided Richard L. Barnes v. State on May 12.

In that case, Barnes appealed his misdemeanor convictions of battery on a law enforcement officer, resisting law enforcement, and disorderly conduct. Police were responding to a domestic violence call from Barnes’ wife; he was leaving the apartment they shared and was in the parking lot when police arrived. He went back to the apartment to get more of his belongings, and when police tried to enter the apartment, Barnes blocked their way. When an officer further attempted to enter the apartment, Barnes shoved the officer against a wall and a struggle ensued between the two.

Barnes’ counsel wanted to offer a jury instruction at trial on the right of a citizen to reasonably resist unlawful entry into the citizen’s home, but the trial court refused. The Court of Appeals reversed and remanded, and said the missing jury instruction was not harmless error.

Writing for the 3-2 majority, Justice Steven David wrote that the right to resist an unlawful police entry into a home is against public policy and incompatible with modern Fourth Amendment jurisprudence.

“Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action,” wrote Justice David, citing bail and the exclusionary rule as examples. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest — as evident by the facts of this instant case.” Chief Justice Randall T. Shepard and Justice Frank Sullivan voted with Justice David.

Much has been said and will doubtless continue to be said about this ruling. Media outlets one typically doesn’t associate with relevant discourse on such weighty matters have been heard discussing the ruling. That’s a great thing – everyone should know and talk about the decisions of our judicial system that directly impact our lives.

What we want to address here is the troubling descent into madness that has appeared alongside the reasonable discourse on the subject. Some of the discourse quickly reached the point where police were called to investigate threats, veiled and otherwise. The troubling comments come from a few people who purport to defend their own liberties and their interpretations of the Constitution at the expense of the safety of us all.

We fully support the right of people to express their opinions in support of and in opposition to the ruling. We’re staunch supporters of the First Amendment.

But instead of calling our justices names and questioning their political loyalties, advocating the purchase of large amounts of ammunition and threatening to shoot any police officer who dares to darken a doorstep, we wish those who would advocate against the ruling would take a lesson or two from our two justices who each wrote in dissent of the decision: Justices Robert Rucker and Brent Dickson, as well as the Indiana State Bar Association that responded to reaction.

Justice Dickson wrote that he would have preferred a more narrow approach. “… a more cautious revision of the common law would have, in cases not involving domestic violence, left in place the historic right of people to reasonably resist unlawful police entry in their dwellings,” he wrote.

Justice Rucker wrote that the majority’s ruling was far too broad. “There is simply no reason to abrogate the common law right of a citizen to resist the unlawful police entry into his or her home,” he wrote.

Both are forceful in their arguments, as well as eloquent and persuasive. And both are pitch-perfect examples of how to make an argument without resorting to threats. The ISBA is also encouraging all criticism and discourse to be made in a respectful manner, excluding personal and inflammatory attacks on individual judges and law enforcement officials. We wish some of the people who are arguing against this ruling would take them for an example to follow.•

ADVERTISEMENT

  • Tort Claim Simplification Legislation Is Needed
    One of the reasons which Justice David uses to support his conclusion is that of "The Development of alternative remedies by an aggrieved arrestee." If he is referring to the tort claim procedure, much needs to be done to make the tort claim procedure a practical reality such as a uniform time limit for claims against all State and local police agencies and a single person or entity for naming the appropriate defendant and a single person or entity for service of process. Additionally there should be a requirement of a detailed investigation of a tort claim and a detailed response other than claim denied.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT