Travis was hanging out with his friends in the park smoking a hand-rolled cigarette. The price of cigarettes had skyrocketed recently and so he began making his own. A nearby police officer sees him and believes he is smoking a joint. The police officer comes over to Travis, and after a brief verbal exchange, decides to arrest Travis. Travis, knowing he is not smoking a joint, believes the arrest is unlawful and resists as the officer tries to handcuff him. Travis then kicks the officer. Can Travis be charged with a crime for his behavior?
A) not unless he is in a jurisdiction following the English rule
B) only if he is in a jurisdiction that fails to recognize self-defense
C) only if he is in a jurisdiction that follows the American rule
D) not unless he is in a jurisdiction following the intermediate rule of resistance

Question

Quizplus · Accepted Answer

In jurisdictions following the American rule, resisting an unlawful arrest is not justified, and a person may be charged with a crime for resisting, even if the arrest is later found to be unlawful. Therefore, Travis can be charged with a crime for his behavior under the American rule.

Travis Was Hanging Out with His Friends in the Park