Ok. Grounds for Self Defense. A man tries to kidnap a woman. She kicks at him. He shoots her dead. Self Defense? Would the mans actions be considered self defense? Do not think about anything but the action of the shooting is what you are saying.
This is a great example of the kind of mentality I'm dealing with...
Trying to equate a well-known local criminal who runs the better part of a football field directly at two men with guns and then violently attacks them with a act of violence to a rape victim is the epitome of hilarious
Anyone trying to kidnap a woman while threatening her with a gun is clearly motivated very differently as compared to an adult male trying to stop another adult male they suspect of having committed a crime
the woman is unarmed and has a realistic and understandable fear that she's going to be Harmed
arberry had no reason to believe he was going to be shot because the people trying to protect their neighborhood had several chances to shoot him prior to his attack and clearly did not... if he has pulled out at legal firearm and shot them in their initial encounter I would support it but after running from them for a considerable amount of time and then turning to attack shows that he clearly was not afraid and decided to ignore a chance to escape in order to attack
the woman in your rape equation was completely unarmed and being threatened with a gun while no one pointed a gun at your criminal hero and as soon as he grabbed the barrel of Travis's firearm he became armed himself and us a deadly threat to the man who was standing his ground holding a shotgun in the low ready position
Chasing someone while in the possession of a firearm and standing your ground in the middle of the street while in the possession of a firearm it's not felony assault
a man with a gun grabbing an unarmed woman most definitely is
It is felony Aggravated Assault by law in Georgia. It is attempted False Imprisonment by Georgia law. A felony.
From the moment that the McMichaels set off in pursuit they were breaking the law. From the moment the armed up they were breaking the law. Both actions are Felonies.
The fact that they were committing Felonies just like my examples above means that it is NOT self defense. For it to be self defense you have to start out minding your own damned business.
What if the woman in my scenario above was a drug dealing prostitute? Does that mean the man is now able to claim self defense? What if the security guard was living under a false identity as an illegal alien? Does the bank robber get to claim self defense?
Georgia Courts have said the criminal history does not matter. What matters is the situation that occurred. As I said before. Arbury could have been al Capone. It would not matter by Georgia law. The McMichaels had no legal authority to set off in pursuit and try to stop Arbury. None. So from that point. They were the ones committing crimes.
his prior criminal history really has you unhinged as is expected...must have been a shock to learn he wasent a simple jogger afterall
whoever commited a violent act or threatened someones life 1st is the criminal aggressor in any situation so being a prostitute or an illegal alien is a fiat argument
Travis and Gramps never threatened Arberrys life by trying to interview him
just because they had guns is NOT PROOF they threatened him in any way
View attachment 434047this man is NOT CORNERED or being ASSAULTED
he is CHARGING 2 men who HAD BEEN following him and VIOLENTLY attacked them as they stood their ground
*just like travon
Um. No.
As I and the lawyers I quoted have said. For the purposes of Citizens Arrest previous criminal history does not matter. Under Georgia Law the only thing that matters is if you saw the suspect commit a crime that you have the authority to act upon. They did not. They did not see him commit a crime. And they were not empowered or authorized to enforce.
See the BAR of Georgia page again.
So if I see a stranger running out of the front of my neighbor's house covered in blood and then he flees in a panic when I confront him I'm not allowed to chase him by Georgia law?
You can do whatever you want. However if you find yourself wearing handcuffs, you can console yourself with the idea that you were trying to do the right thing. That is what is great about being an American. You are free to do what you want. However because we are not an anarchy we face consequences for our actions.
What if this man covered in blood is a paramedic visiting your neighbor on his off time. A horrible accident has happened and he is sprinting towards his car to get a First Responder Kit to save her life. You set out and arrest him thinking it is a murder. Well it is. And you are the murderer by preventing him from acting to save her life.
You don’t know what is happening. You don’t know what the situation is. If in fact it was a murder then you being alive to testify what you saw is vital to justice. But if you chase him and he kills you too what then?
Georgia Law is very restrictive about Citizens Arrest. We don’t want a lot of people beating the snot out of another and covered with I thought I was doing the right thing. That is why it is a bet your life move. If you are wrong. If you do not have justification to make the arrest. You are going to jail and then Prison. Because you detained someone without legal authority.
Keep coming up with asinine scenarios. Keep bemoaning how the law which has been on the books for decades is unfair.
Or. Here is another idea. If you want to arrest people. Become a cop. Probably impossible in your case. But you can try. I say impossible because you won’t learn. And that means you will refuse to listen to those who know what they are talking about.
Through this entire thread you have rejected factual information. You deride the words of actual experts. You hang your hat on this old English nonsense and embrace YouTube vids from people not in Georgia and unfamiliar with Georgia Law. And when you have it pointed out that your basement experts are wrong you get mad about it.
You get mad at me and others for refusing to agree with you. And that is just pathetically childish. Want to change the laws in Georgia? Ok. Here is what you do. Move here. Run for office. Get elected. Convince your fellow elected officials that the law needs to be changed to allow random posse’s of well meaning imbeciles charging around in pick up trucks chasing imaginary villains.
Or you could adapt to the way we handle things in Georgia. Mind your own damned business. Let the cops arrest people. And if someone does break into your house. Get a lawyer before talking to the cops. Because you are stupid enough to talk your way right into the electric chair.