7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Constitution, Law, and the Auxiliary
Eric Vought1
Lawrence County Sheriffs Auxiliary
17 January 2016
1Commander, Lawrence County Sheriffs Auxiliary; Thanks as well to
LT Mary Clapp, Inside Counsel, who gave input on early versions of thiscourse.
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Contents
1 IntroductionLegalOverview
References
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Outline
1 IntroductionLegalOverview
References
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Copyright
The CLA course materials are distributed under under theCreative Commons Attribution 4.0 (CC-BY-4.0) license.
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Requirements
CLA-I Required for all volunteers;CLA-II Recommended, Required for NCOs and Officers;
Additional levels elective material;
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Part 1 Topics
Introducing the Law and the Auxiliary
History/Purpose of Sheriffs OfficeProperty Rights Under the ConstitutionOur Role as AuxiliaryLegal Issues of Intervention
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Constitution,
Law, and theAuxiliary
Eric Vought
Introduction
LegalOverview
Part 2 Topics
Nature of officers, enlisted, delegated authority, oath
Leadership
Discipline
Use of Force
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Introducing the Law and the AuxiliaryCLA Part I
Lawrence County Sheriffs Auxiliaryper ardua liberis
(Please sign in if you havent already.)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Outline
2 CLA-I Introduction
3 History of the Sheriffs Office4 The Development of the Constitution
The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of Confederation
Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElectionDeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of CareNon-violent Crisis Intervention
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
What Is the Sheriffs Auxiliary?Citizens-in-the-Loop Law Enforcement
Non-Peace Officer Volunteers serving county sheriff
Supplement Sheriffs Office during routine operations
Coordinated teams during disasters
Not replacing deputies or reserve deputies
Does not provide primary law enforcement or investigate
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Motto
Per ardua liberis
meaning: "Freedom through adversity."It is only through duty and service that we have rights,only through sacrifice and hardship that we are or willremain free.
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Purpose of the Class
To serve Sheriffs Office, we must understand it;
To take oath of service, we must understand theConstitution;
The Sheriff serves the people;
In the end, so do we.
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Outline
2 CLA-I Introduction
3 History of the Sheriffs Office4 The Development of the Constitution
The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of Confederation
Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElectionDeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of CareNon-violent Crisis Intervention
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Where is Constitutional Sheriff
Fact
Sheriff not in the Constitution
Common Law
Edwin the Elder, 902 ADMagna Carta (1215 AD)British Constitution
County Charters
State Constitutions
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Shire Reeve
Official responsible for keeping the peace on behalf of theKing
Conservator of the Peace -> Peace Officer
In US, elected rather than appointed
Usually highest elected law enforcement officer (CLEO)
Deputies are commissioned, act for Sheriff
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
What Did Sheriff Do?
Originally kept peace, enforced edict, served process, heldlocal court
Medieval Circuit Courts split function
Sheriff, Magistrate, first jury trials
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity to
Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Sheriffs Office
Office not department!
Sheriff answers directlyto the people.
Fact
The Sheriff is not the Chief LEO in St. Louis County.
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Outline
2 CLA-I Introduction
3 History of the Sheriffs Office4 The Development of the Constitution
The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It
5 The Sheriff Under the LawIndependenceElectionDeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of CareNon-violent Crisis Intervention
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Approach
Frame history of debate over personal and civil defense;
British Common Law and Bill of RightsDeclaration of Independence
Revolutions
Constitution
Reading list in course book
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Approach To Reading
Dont accept any author as authoritative!
Frame in context of debate over Rights, Duties, andAuthority.
When someone claims authority, where does it come from?
When someone has a Right, what does it mean?
Who do you owe Duties to?
How do we balance liberty and civility? Is it really a"balance"?
What is nature of crime and punishment?
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Polity
Definition
The whole constitutional set-up is intended to be neitherdemocracy nor oligarchy but midway between the two what
is sometimes called polity, the members of which are thosewho bear arms. [emphasis in original] Aristotle, "Politics"as quoted in Halbrook [2013, pp 52]
Aristotle refutes Platos contention that the State oughtcontrol all use of arms in order to control the populace;
Not new: debate spans thousands of years;
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Common Law
We take from English tradition;
Roman law, 12-tables
Dane-Law est. militia, traditional rights, andrepresentative govt
(Fyrd->Wycan->Moots: well get to it);
Norman invasion created absolute authority of monarch;
took time to recover;Magna Carta (1215)
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f h
7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Common Arms of the Day
No wearing of arms is within the meaning of thestatute unless it be accompanied with suchcircumstances as are apt to terrify the people; fromwhen it seems clearly to follow, that persons ofquality are in no danger of offending against thisstatute by wearing common weapons... "Treatiseof the Pleas of the Crown", William Hawkins;
1686 court case affirmed defendants right to go armedwith a pistol despite the Statute of Northhampton whennot armed "in affray of peace".
British Bill of Rights (1689)
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
British Bill of Rights (1689)Glorious Revolution
Attempt to disarm protestants;
presented to William and Mary;
to restore ancient rights did not create anything;
Inspired US Bill of Rights; included:
No royal interference with the rule of law;"grants and promises of fines or forfeitures" beforeconviction are void;prohibits "cruel and unusual" punishments;Citizens have a right to bear arms because citizens have aduty to bear arms and serve the common defense(Locke)
To Protect and Maintain Inviolate
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Constitution,
Law, and theAuxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
To Protect and Maintain InviolateBlackstones Commentaries
But in vain would these rights [e.g. free speech]be declared, ascertained, and protected by the deadletter of the law, if the constitution had provided no
other method to secure their actual enjoyment. Ithas, therefore, established other auxiliary subordinaterights of the subject, which serve principally asoutworks or barriers, to protect and maintain inviolatethe three great and primary rights, of personal
security, personal liberty, and private property.Blackstone [1753, pp 104]
Ch kli F R l i (Bl k )
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Checklist For Revolution (Blackstone)
And lastly, to vindicate these rights, whenactually violated or attacked, the subjects of England
are entitled, in the first place, to the regularadministration and free course of justice in the courtsof law; next, to the right of petitioning the king andparliament for redress of grievances, and, lastly, to theright of having and using arms for self-preservation
and defense. Blackstone [1753, pp 106]
Ch kli t F R l ti (II)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Checklist For Revolution (II)
Practically a blueprint for Declaration of Independence;
Checks off Colonists attempts to address their grievances;Turns to raising arms against the king as the final resort;
Exhausted all peaceful mechanisms;
Our system built to same plan;
I ti ti R F L d T diti
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
Instinctive Reverence For Law and Tradition
"Here is the salient fact which distinguishes theEnglish Revolution from all others: that those whowielded irresistible physical force were throughout
convinced that it could give them no security.Nothing is more characteristic of the English peoplethan their instinctive reverence even in rebellionfor law and tradition." [Winston Churchill, AHistory of English Speaking Peoples. Volume II. pp265]
The Utter End of Means
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
It
The Sheriff
The Utter End of Means
Armed resistance against tyranny is directly a purpose ofRTKBA;
If-and-only-ifpursued at absolute and utter end of
means;Neither free license to insurrection nor paranoia;
Built directly on experiences of Colonists under England;
Enjoyed extensive legal protection of Constitutional rights
as British subjects;"...repeated injuries and usurpations, all having in directobject the establishment of an absolute Tyranny."
Intolerable Acts
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
ItThe Sheriff
Intolerable Acts
Also problems with paper money and lack of specie ("hard
money") in Colonies;Colonial taxes were higher, but could often be paid inservice, goods (also bribes);
British taxes paid in silver, and Americans had very little;
Rights Not From the Government
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
ItThe Sheriff
Rights Not From the Government
...We hold these truths to be self-evident, that allmen are created equal, that they are endowed by theirCreator with certain unalienable Rights, that amongthese are Life, Liberty and the pursuit of Happiness...
Declaration of Independence
"unalienable": Cant be taken away; cant be given away
"Natural Rights" but also Natural Duties:
...it is their right, it is their duty, to throw off suchGovernment, and to provide new Guards for theirfuture security...
Civil conflicts and the common citizen
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
ItThe Sheriff
The Frying Pan Or the Fire?
Many citizens lost their homes, their farms, or their livesregardless of which side they declared to;
Challenge is to survive and maintain local order in the faceof upheaval;
RTKBA ensures that revolution possible, but it is always
extremelycostly;
Why Did Our Revolution Succeed?
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
ItThe Sheriff
Why Did Our Revolution Succeed?
Britain was a foreign power which could be sent home;
Colonial government transferred intact;Many people patriated and forgiven (not all);
Revolutions where it is people vs. government seldomyield a stable system;
Founders Were Revolutionaries
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can Keep
ItThe Sheriff
But Wanted To Avoid Another One
Balance of powers and multi-level sovereignty;
If men were angels, no government would benecessary. If angels were to govern men, neither
external nor internal controls on government wouldbe necessary. In framing a government which is to beadministered by men over men, the great difficultylies in this: you must first enable the government tocontrol the governed; and in the next place oblige it
to control itself. A dependence on the people is, nodoubt, the primary control on the government; butexperience has taught mankind the necessity ofauxiliary precautions. Federalist #51(Madison)
We Are Literally an Auxiliary Precaution
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
We Are Literally, an Auxiliary Precaution
Office of Sheriff directly serves the citizen;
Operates as speedbump: ensure process is followed;
Sheriff/Auxiliary == Locals-In-the-Loop Law Enforcement;
Romans 13
Christians required to be law-abiding, but here, the final (civil)
authority is thepolity itself.
Weak Fraternity of States
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Weak Fraternity of States
Little central power; direct war effort;
AoC failed to provide for common defense;
Government had no money (what it was empowered tocollect was seldom remitted);
Insurrection in several states, inc. Mass.
Fact
John Hanson was the first US President.
The Solution
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
The Solution
Letters between Wash and Jefferson discussing itsreplacement;
Convention to amend AoC became Const Convention1787;
Delegates (Commissioners) broadly empowered bysending states;
"Ratification the People Debate the Constitution,1787-1788" Maier [2010];
Definition
Federal = of equals; Federalists wanted multi-levelsovereignty,balanceof power; Anti-federalists wanted states tobe (remain) supreme.
The Origin of the Bill of Rights
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
O g g
Delegate powers to a limited government;
States still did not trust central government;
Required Bill of Rights like British of 1689;
Rights not enumerated; Powers are enumerated (9th and10th)
2nd Amendment echoed right and duty of British Bill ofRights;
RTKBA individual right, serves civic duty;Strong property rights reinforced, including TakingsClause;
The Missouri Constitution and its protections
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
p
US Constitution guaranteed a "republican form ofgovernment";
Article II, Section 23 echoes RTKBA but without civicfocus;
Many other property rights issues follow US Const. BoR;
Very different from US Constitution, much more complex;
Outline
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
2 CLA-I Introduction
3 History of the Sheriffs Office4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It
5 The Sheriff Under the LawIndependenceElection
DeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of CareNon-violent Crisis Intervention
Only mention in US/State ConstitutionsMO Constitution Article V Sec 27 4(b)
http://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
MO Constitution Article V Sec 27 4(b)
b. Upon the effective date of this article, the office
of constable serving magistrate courts is abolished.The functions, powers and duties of such constablesshall be transferred to and be performed by the sheriffof the county or the sheriff of the city of St. Louis.
Mo Constitution Article III, Sec. 40
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
The general assembly shall not pass any local orspecial law: ... (21) creating offices, prescribing thepowers and duties of officers in, or regulating the
affairs of counties, cities, townships, election orschool districts;
Also applies to municipalities
So state and cities may not interfere with the office of
Sheriff (within his county and with reference to his countyduties)
Independence From Federal Government
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Residual state sovereignty was also implicit, of course, in theConstitutions conferral upon Congress of not all governmentalpowers, but only discrete, enumerated ones, Art. I, 8, whichimplication was rendered express by the Tenth Amendments
assertion that "the powers not delegated to the United Statesby the Constitution, nor prohibited by it to the States, arereserved to the States respectively, or to the people. [Printzv. United States, 521 U.S. 898, 919 (U.S. 1997)]The Federal Government may not compel the States to enact
or administer a federal regulatory program. The mandatoryobligation imposed on CLEOs to perform background checks onprospective handgun purchasers plainly runs afoul of that rule. [Printz v. United States, 521 U.S. 898, 933 (U.S. 1997)]
Anti-Commandeering Doctrine
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Definition
Forbids the federal government from ordering the states ortheir subdivisions from governing or regulating in a particularway or from ordering (commandeering) state/local officers assubordinates of the federal government.
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Qualifications
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Not a felon;
Resident taxpayer and voter;
Resident more than 1 year;
...shall be a person capable of efficient law enforcement.
Needs To Be Peace OfficerAs of 1 January 2003
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of the
SheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
y
Does not have to be licensed at time of election;
May not personally exercise police powers until licensed;
Mayact through licensed deputies;
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Bond
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Within 15 days of being sworn in, every sheriff must post a
bond between $15,000 and $50,000 conditioned for the faithfuldischarge of his duties; which bond shall be filed in the office ofthe clerk of the circuit court of the county. 57.020 R.S.Mo.
Deputies
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Must be resident of the county. 57.117 R.S.Mo.
Every deputy sheriff shall possess all the powers and mayperform any of the duties prescribed by law to beperformed by the sheriff. 57.270 R.S.Mo.
Nepotism Restriction
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Any public officer or employee in this state who byvirtue of his office or employment names or appoints
to public office or employment any relative within thefourth degree, by consanguinity or affinity, shallthereby forfeit his office or employment. Mo.Const. Art. VII, 6.
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General Duties
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Every sheriff shall quell and suppress assaults andbatteries, riots, routs, affrays and insurrections; shall
apprehend and commit to jail all felons and traitors,and execute all process directed to him by legalauthority, including writs of replevin, attachments andfinal process issued by circuit and associate circuitjudges. 57.100 R.S.Mo.
Sheriff In 3rd and 4th Class Counties May 57.115 R.S.Mo.
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
1 Regularly patrol and police all public roads and highwayswithin the county;
2 Enforce all laws designed to safeguard and protect theseroads and highways;
3 Report all dangerous conditions on these roads andhighways to the county commission or other road orhighway supervising body.
Additional Duties
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Service of process in civil cases and collecting executionsof judgments [ 57.280 RsMO];
Aid and assist the jury commissioners in the county byconducting investigations into the identity of prospectivejurors [ 57.395 RsMO];
Every 3 months, file with the circuit court of the county areport on the conditions of county jail [ 57.102 RsMO];
Mutual Aid
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Whenever any sheriff or deputy sheriff of anycounty in this state is expressly requested, in eachinstance, by a sheriff of an adjoining county of this
state to render assistance, such sheriff or deputy shallhave the same powers of arrest in such county as hehas in his own jurisdiction. 57.111 R.S.Mo.
No Dukes of Hazard county line prohibitions if neighboring
sheriff asks for assistance!
Outline
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffsOffice
TheDevelopmentof theConstitution
The Right ofthe Polity toBear Arms
Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
2 CLA-I Introduction3 History of the Sheriffs Office4 The Development of the Constitution
The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElection
DeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of Care
Non-violent Crisis Intervention
Fyrd, Housecarls, Witan
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Anglo-Saxon England; 7th century or earlier;
The best of each household serve in the Fyrd;
Limited length of time for service each season;
Housecarls or "House Earls" served the Jarl or Earl(deputies);
Local people met in moots, elected representatives toannual Witans;
Witans determine succession;
HospitalersAKA Knights of St. John of God, of Malta, of Jerusalem
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Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Templars => convert by the sword;
Hospitalers => convert through service and leadership;Defend the innocent and heal what may be healed (equalopportunity)
Maltese Cross
Zouaves, Militia
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Colonial militia primarily civil defense w/ some emergencyresponse duties;
Zouaves were elite volunteer companies (Col Ephraim
Ellesworth);
Special forces and SWAT teams of their day;Many of them, N&S, became famous units in Civil War;44th NY, Louisiana Tigers;Ellseworth wrote a handbook on how to operate avolunteer company;
Red Cross
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Henry Dunant, Crimean War (1859)
Help all injured on battlefield;
No sides taken;
Toward a modern Auxiliary
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Flip militia on its head;
Serve the community first;
Service without prejudice;
Survival Skills Triad: First Aid, Communications, Defense;
Build leaders in the community
Outline
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
2 CLA-I Introduction3 History of the Sheriffs Office4 The Development of the Constitution
The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of Confederation
Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElection
DeputiesDuties
6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of Care
Non-violent Crisis Intervention
Consent
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Obtaining consent;
When consent is implied;
Standard of Care and patient abandonment;
Definition
implied consent: Consent that is inferred from signs, actions, orfacts, or by inaction or silence.
Good Samaritan Law
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Definition
Protects a volunteer who has been trained in first aid fromliability for providing emergency care without compensation to
the level for which he or she has been trainedat the scene ofan emergency or accident. [ 537.037 RsMO item 2]
Also protects a physician, surgeon, registered professionalnurse, or licensed practical nurse who is providing emergency
care in good faith without compensation at the scene of anaccident or emergency. [ 537.037 RsMO item 1]
Avoiding Conflict
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Situational awareness - head off trouble early; (see70)
What is the root of the problem?
Prevent the crisis from escalating;
Keep your head, even when others do not;
Avoid injury to yourself and others;
Defusing the situation and resolving a crisis
Recap of CCW Materials
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
RsMO 571.030Unlawful use ofweaponsexceptionspenalties.
RsMo 571.107Permit does not authorize concealedfirearms (when)...
Note 571.030 2. (1) exemptions for "...any personsummoned by such [peace] officers to assist in makingarrests or preserving the peace while actually engaged in
assisting such officer;"
Use of Force Guidelines
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Asa matter of law and policy, Auxiliary volunteers are notlicensed Peace Officers and :
Are not empowered to defend property, only life;
Do not possess powers of arrest;Do not pursue;
Use of Force Guidelines
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Asa matter of law and policy, Auxiliary volunteers are notlicensed Peace Officers and :
Are not empowered to defend property, only life;
Do not possess powers of arrest;Do not pursue;
Auxiliary policy strongly discourages use ofCitizensArrest[RsMO 563.051.2] in all cases except where acontinued threat to life exists if the suspect were notimmediately and forcibly contained.
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Castle Doctrine
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Definition
Missouris Stand Your Ground law or Castle Doctrine [RsMO
563.031] means that you have no duty to retreat from a deadlythreat if the threat occurs in your home or dweling (such as ahotel room), your vehicle [RsMo 563.031 2.(2)] , or, as ofrecent changes in the law, your owned or rented privateproperty [2.(3)] .
Who Is the Aggressor?
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Travon Martin case (2012)
George Zimmerman acquitted July 2013;Did not raise Floridas Stand-Your-Ground defense;Evidence showed he was on back, under Martin at timeshot was fired, therefore no duty to retreat;
Stand-Your-Ground, however, affected Jury instructions
Who Is the Aggressor?
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Travon Martin case (2012)
George Zimmerman acquitted July 2013;Did not raise Floridas Stand-Your-Ground defense;Evidence showed he was on back, under Martin at timeshot was fired, therefore no duty to retreat;
Stand-Your-Ground, however, affected Jury instructions
Rowe vs United States 164 U.S. 546 (1896):
Part of David Koppels group of Self-Defense Cases underthe Fuller Court;
After initial altercation, accused walked away, victimchased accused with a knifeWhen the accused retreated from an altercation in goodfaith, his right of self-defense can be reasserted;
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Responsibility to Secure a Weapon
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
We are responsible for securing the arms we carry;
If we allow arms to fall into the wrong hands, they becomea tool of crime;
Volunteers requiredto take Handgun Retentionpractical
SOGs for Securing Weaponsin Volunteer Handbook
Reflections on the Auxiliary and the Sheriffs Office
http://lcmoauxiliary.org/CMS/OrganizationDocument/Qualifications/Tacticalhttp://lcmoauxiliary.org/CMS/DeploymentGuide/SecuringFirearmshttp://lcmoauxiliary.org/CMS/DeploymentGuide/SecuringFirearmshttp://lcmoauxiliary.org/CMS/OrganizationDocument/Qualifications/Tacticalhttp://find/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Anything we do as volunteers reflects on Sheriffs Office;
Anything we do (even off duty) reflects on the Auxiliary;Because this program is unusual/ambitious, we cannotafford mistakes;
Any Means To Get Help
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Mayday, Mayday
In a genuine emergency, any person may use a radio to get helpby any means necessary, regardless of licensing considerations.
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Know your neighbor to avoid conflict;
Dont get shot by a nervous farmer...;
Respect the limits of your authority (you dont have any)but...
When protecting life comes first... ask forgiveness later;
Outline
2 CLA-I Introduction
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
2 CLA I Introduction3 History of the Sheriffs Office
4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of Confederation
Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElection
DeputiesDuties6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of Care
Non violent Crisis Intervention
Different Hats
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
Acting in personal capacity;
As a volunteer, officially, under authority of Sheriff;
As a volunteer under the Incident Command System;Deputized in an emergency;
Other hats you may carry (e.g. ARES/RACES, EMS);
When stuff just happens;
Outline
2 CLA-I Introduction
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
2 CLA I Introduction3 History of the Sheriffs Office
4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution
Failure of the Articles of Confederation
Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law
IndependenceElection
DeputiesDuties6 Models For the Auxiliary7 Crisis Intervention
First Aid, Consent to Treatment, and Standard of Care
Non violent Crisis Intervention
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C tit ti
Blackstones "Commentaries" on the right ofdefense
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Constitution,Law, and the
Auxiliary
Eric Vought
CLA-IIntroduction
History of theSheriffs
Office
TheDevelopmentof theConstitution
The Right ofthe Polity toBear ArmsCommon Law
and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation
Constitution A Republic, IfYou Can KeepIt
The Sheriff
"...it is indeed, a public allowance under due restrictions, of thenatural right of resistance and self-preservation, when thesanctions of society and laws are found insufficient to restrainthe violence of oppression... " [Blackstone, 1753, pp 106]
Division between harm to property, which the law canmake whole and
Threats to life and limb, which the law cannot repair;
Ability, Oportunity, Jeopardy - 3 factors defining lawfuldefense;
Vigilantism is extrajudicial violence: doesnt matterwhether commited by State or individual;
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Constitution
Outline
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Constitution,Law, and the
Auxiliary
Eric Vought
IntroducingCivilians inCivl Defense
Officers,
Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
10 Introducing Civilians in Civl Defense
11 Officers, Authority, and Chain-Of-CommandSourceResponsibilities
LimitsChain-Of-CommandAccountability
12 Discipline and Offenses
13 Changing RolesReferences
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Constitution,
Outline
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Law, and theAuxiliary
Eric Vought
IntroducingCivilians inCivl Defense
Officers,
Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
10 Introducing Civilians in Civl Defense
11 Officers, Authority, and Chain-Of-CommandSourceResponsibilities
LimitsChain-Of-CommandAccountability
12 Discipline and Offenses
13 Changing RolesReferences
Constitution,
Understanding Officers
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IntroducingCivilians inCivl Defense
Officers,
Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
CLA-I is for all volunteers;
This level focuses on officers;
What is an officer?
Constitution,
Officer
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IntroducingCivilians inCivl Defense
Officers,
Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
Definitions
1. a person who holds a position of rank or authority in thearmy, navy, air force, or any similar organization especially onewho holds a commission.4. a person appointed or elected to some position of
responsibility or authority in the government, a corporation, asociety, etc. Dictionary.com
Notice the word commission, what is a commission?
http://dictionary.reference.com/browse/officerhttp://dictionary.reference.com/browse/officerhttp://find/http://goback/7/25/2019 Constitution, Law, and the Auxiliary (Slides)
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Constitution,L d th
Officer Holds Commission
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IntroducingCivilians inCivl Defense
Officers,Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
Commission grants authority for particular function;
Function involves responsibility;
Officer holds authorioty and exercises responsibility forthe
Sheriff;Officer is a leader within a realm of specific tasks;
Constitution,Law and the
Officer Holds Commission
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IntroducingCivilians inCivl Defense
Officers,Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
Commission grants authority for particular function;
Function involves responsibility;
Officer holds authorioty and exercises responsibility forthe
Sheriff;Officer is a leader within a realm of specific tasks;
Whose Authority?
An officer is a proxy for authority held by the peoplethemselves.
Constitution,Law and the
To be an effective officer, know ye:
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IntroducingCivilians inCivl Defense
Officers,Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
Source What is the source of the delegated authority?
Responsibilities What responsibilities constitute the office to becarried out?
Limits What are the limits of your and your superiors
authority?Chain-Of-Command What is the chain-of-command to
determine who is in charge at any particular pointin time?
Accountability Through what mechanisms will you be heldaccountable to the people whose authority youhave been entrusted with?
Constitution,Law and the
Outline
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Law, and theAuxiliary
Eric Vought
IntroducingCivilians inCivl Defense
Officers,Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
10 Introducing Civilians in Civl Defense
11 Officers, Authority, and Chain-Of-CommandSourceResponsibilities
LimitsChain-Of-CommandAccountability
12 Discipline and Offenses
13 Changing RolesReferences
Constitution,Law, and the
Outline
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Law, and theAuxiliary
Eric Vought
IntroducingCivilians inCivl Defense
Officers,Authority,and Chain-Of-Command
SourceResponsibilitiesLimitsChain-Of-CommandAccountability
Discipline andOffenses
ChangingRoles
References
10 Introducing Civilians in Civl Defense
11 Officers, Authority, and Chain-Of-CommandSourceResponsibilities
LimitsChain-Of-CommandAccountability
12 Discipline and Offenses
13 Changing RolesReferences
Constitution,Law, and the
William Blackstone. Commentaries on the law of England,volume 1 The Online Library of Liberty e-book edition
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,Auxiliary
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IntroducingCivilians inCivl Defense
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SourceResponsibilitiesLimitsChain-Of-CommandAccountability
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References
volume 1. The Online Library of Liberty, e-book edition,
1753. URL http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:
Commentaries+on+the+Law+of+England{#}4.
Stephen P. Halbrook. That Every Man Be Armed: theEvolution of a Constitutional Right. University of NewMexico Press, Albuquerque, NM, revised an edition, 2013.ISBN 978-0-8263-5299-6.
Pauline Maier. Ratification the People Debate theConstitution, 1787-1788. Simon and Schuster, New York,
2010.
http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://find/http://goback/Top Related