Resisting Arrest: Why Good People Make Bad Choices​

Resisting arrest is a serious offense that often occurs in moments of heightened emotion, confusion, or misunderstanding. For individuals with no prior criminal history, this charge can feel particularly jarring, as it contrasts sharply with their self-image as law-abiding citizens. Resisting arrest typically involves actions like pulling away, refusing to comply with commands, or physically struggling with law enforcement during an encounter.
​
Understanding why a good person might make the poor choice to resist arrest requires examining the emotional, situational, and psychological factors at play. By applying criminological theories and analyzing common scenarios, we can provide insight into the motivations behind such behavior, while also identifying pathways to accountability and growth.

Criminological Theories Applied to Resisting Arrest

1. Self-Control Theory (Michael Gottfredson and Travis Hirschi)
Key Idea: Impulsivity and poor emotional regulation contribute to risky or deviant behavior.

• Application to Resisting Arrest:
  Resisting arrest often occurs in moments of fear, frustration, or anger when individuals lose the ability to regulate their impulses. The immediate emotional response—whether it's panic or indignation—overrides rational thinking.
• Example of Behavior:
  • A person being questioned by police feels overwhelmed and begins physically pulling away, acting on an impulse to escape the situation.
  • A suspect under stress yells or gestures aggressively, further escalating the interaction.

2. Rational Choice Theory (Derek Cornish and Ronald Clarke)
Key Idea: People make decisions by weighing perceived risks and rewards, though these calculations are often flawed in high-stress situations.

• Application to Resisting Arrest:
  Individuals may resist arrest based on a misguided belief that they can avoid legal consequences by fleeing or refusing to cooperate. While these choices are rarely rational, the immediate need to avoid confrontation or punishment feels pressing.
• Example of Behavior:
  • A person caught shoplifting decides to run from an officer, hoping to escape immediate detention.
  • Someone under the influence of alcohol resists commands, believing they can "talk their way out of it" later if they avoid being restrained.

3. General Strain Theory (Robert Agnew)
Key Idea: Stress or strain—emotional, relational, or financial—can lead to deviant behavior as a way to cope or release tension.

• Application to Resisting Arrest:
  In a tense or unfamiliar encounter with law enforcement, the emotional strain of the situation can lead to poor decision-making. A person experiencing significant external stress may react irrationally when confronted with arrest, escalating the interaction unintentionally.
• Example of Behavior:
  • A person experiencing a family crisis panics when approached by police and instinctively pulls away from an officer’s grasp.
  • An individual under extreme financial pressure reacts defensively to perceived hostility during an arrest.

4. Social Learning Theory (Albert Bandura, Ronald Akers)
Key Idea: Behavior is learned through observation and imitation, often influenced by social norms or peer behavior.

• Application to Resisting Arrest:
  In some cases, individuals may resist arrest because they have seen similar behavior normalized in their social circles or the media. This learned response can surface under stress or confrontation.
• Example of Behavior:
  • A person at a public event sees others resisting arrest and feels emboldened to follow suit, believing it’s a justified reaction.
  • An individual raised in a community where distrust of law enforcement is prevalent may react defensively to police commands.

5. Neutralization Theory (Gresham Sykes and David Matza)
Key Idea: People justify or rationalize their deviant behavior to minimize guilt or responsibility.

• Application to Resisting Arrest:
  Individuals may rationalize resisting arrest by blaming the officer’s actions or the circumstances of the encounter. This allows them to reconcile their behavior with their self-image as law-abiding individuals.
• Example of Behavior:
  • “The officer was being too aggressive, so I had to push back.”
  • “I didn’t even know they were arresting me—I thought I was just defending myself.”

Additional Factors Contributing to Resisting Arrest

1. Emotional Triggers

• Fear of Consequences: Fear of being arrested or facing legal repercussions can prompt an instinctive flight response.
• Embarrassment or Humiliation: Being arrested in a public setting can lead to defensive behavior aimed at avoiding social judgment.

2. Situational Influences

• Miscommunication: A lack of clear communication between the officer and the individual can escalate tension and lead to resistance.
• Substance Use: Alcohol or drug use can impair judgment and increase the likelihood of impulsive, irrational actions.

3. Cognitive Impairments

• Panic or Fight-or-Flight Response: The stress of the encounter can activate a survival mechanism, leading to physical or verbal resistance.
• Distrust of Authority: Personal or cultural experiences with law enforcement can lead to a defensive or confrontational response.

Real-World Examples of Behavior

1. Scenario 1: Emotional Overload
   An individual pulled over for a traffic violation becomes overwhelmed with fear, believing they might lose their job if arrested for an outstanding warrant. When the officer moves to handcuff them, they pull away instinctively, escalating the situation into a resisting charge.
2. Scenario 2: Alcohol-Fueled Reaction
   During a night out, a person is confronted by police for disorderly conduct. Intoxicated and confused, they resist being restrained, yelling and flailing their arms in an attempt to avoid arrest.
3. Scenario 3: Miscommunication and Panic
   A bystander at a public protest is detained by police. Believing they were wrongly targeted, they attempt to pull free, not realizing their actions are legally considered resisting arrest.

Pathways to Growth and Accountability

For first-time offenders, a resisting arrest charge can be a wake-up call to reflect on their actions and take steps toward preventing similar incidents in the future. By addressing the underlying emotions and circumstances that led to the behavior, individuals can turn this experience into an opportunity for personal growth.

1. Understanding the “Why”

• Reflect on the emotions and triggers that influenced the decision to resist arrest.
• Identify any patterns of stress, fear, or distrust that may have contributed to the behavior.

2. Taking Responsibility
3. Proactive Measures
4. Restoring Trust
5. Reframing the Experience

Final Thoughts

​Resisting arrest is often the result of fear, panic, or miscommunication rather than malicious intent. For good people, this mistake represents a momentary lapse in judgment that does not define their character. By reflecting on the incident, taking accountability, and implementing proactive measures, individuals can grow from the experience and ensure it is not repeated.
​
This process allows first-time offenders to rebuild trust, develop emotional resilience, and move forward with a clearer understanding of how to navigate challenging situations with composure and responsibility.