THIS COMMENT will focus on the subject of the right to resist an unlawful arrest. The choice of this topic is the result of a change in the common law rule in a few key states which may herald the demise of this rule in all of the states. It is also of particular note that the State of Ohio has seen fit to alter its position on the common law rule recently.' In its essence, this writing will address itself to the clash between the American legal tradition of providing an effective legal remedy for every actionable harm or injury suffered by an individual, and the fact that under the altered laws some innocent individuals will suffer wrongs occasioned by an unlawful arrest, not only without a remedy in their arsenal, but also without a defense to the criminal sanctions that may be imposed on them. This comment will cover only those situations where the arrest is conceded to be unlawful. The legality of the actual arrest is too broad a subject to be adequately covered here and has been extensively treated in other writings.
Lindsey, James B.
"The Right to Resist An Unlawful Arrest: Judicial and Legislative Overreaction?,"
Akron Law Review: Vol. 10
, Article 7.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol10/iss1/7