"standing your ground," doesn’t literally mean standing in one spot on the ground.
What does it mean to you?
Stand your ground does not apply. For it presumes that the individual standing has done nothing to instigate the altercation. If you were on the street. Awaiting the arrival of a friend. And were accosted by a miscreant. Then Stand Your Ground would be appropriate. It is in fact the very reason they passed such laws.
Travis was not standing his ground. Either by text or by intent of the statute. The defense of Stand your Ground would not be allowed if it was offered. And should not be.
Travis is facing a lifetime in prison for his crimes. And in Georgia we know he commuted those crimes. By the collective standard that is our understanding of Georgia Norms and laws, Travis is the criminal. That is why he remains in Jail awaiting Trial. That is why he was denied bail, as were the co-defendants.
translation; by chasing a criminal you provoked them and are automatically liable to be attacked
from now on never chase someone you suspect of committing a crime and you won't have to worry about provoking them to commit an act of violence
Of course the next time an undercover cop is chasing someone they can turn around and kill him by claiming his Chase provoked their violence of action
good job boys
I did not discuss Self Defense. That has been covered previously. I answered the question concerning Stand Your Ground. Or do you deny that the intent of stand your ground was when a victim was attacked without provocation by a criminal?
Stand your ground is designed to determine who was the aggressor
In any given incident when there is plenty of opportunity to retreat and someone actually covers ground in an effort to engage another party it's pretty clear who the aggressor is
By providing legal protection to those who do not cover ground in an effort to confront another individual you give Society a chance to do the right thing
For instance if arberry were actually jogging and two murderous klansman pulled up in a pickup truck pointing weapons at him and screaming "I'm going to kill NIGG*ER" then it would be perfectly reasonable for him to pull a gun and kill both of them as he would have no duty to retreat and a legitimate fear of great bodily harm or death
That's why citizen's arrest is such a dangerous thing to do because the person who you're trying to detain has a lot of opportunity to kill you
Trouble for you social justice fantasy Warriors is the fact that the McMichaels were sitting still having given up their Pursuit when they were closed on confronted and subsequently attacked
Stand your ground is an extension of the Castle Doctrine. It ended for criminal and civil litigation the need to retreat from threat when the person was doing nothing wrong. If you are in your home and someone enters unbidden. You do not need to lock yourself in a bathroom to hide from them. Your home is your castle.
when on the street going about your day. You do not need to retreat before the criminal aggressor. Providing you are doing nothing to instigate or exacerbate the altercation. The Stand your Ground and Castle Doctrine vanish as options when you pursue someone. You are no longer standing your ground. You are in fact pursuing someone who is retreating.
Your legal authority to pursue someone is dependent upon the situation as is your lawful authority to use force. In Georgia we long ago decided that the excuse “I thought” was not sufficient. You had to catch them in the act.
What you can’t do is treat the law like a Chinese Restaurant. You can’t pick one from Column A and two from Column B. When you start with one, you are stuck with it. What you want is for people to hop from law to law like they are playing hopscotch.
According to you it was perfectly reasonable and legal to set off in pursuit. You said it was a valid Citizens Arrest situation. And you have repudiated that and then embraced it and then repudiated it again. The sequence of events in totality are criminal. You can’t isolate one moment and claim that moment absent all other considerations was legal and right. Context matters.
If you throw a brick through a car window. Criminal. If you smash the same window to rescue a dog on a hot day. Legal. Context, the why. Not just the what. The why. The intent if you will.
The Why determines if what you did, the actions, were legal or a criminal act. As does the sequence of events leading to the event.
A man attacks you with a baseball bat. You shoot him. Self defense. He pursued you from the bar you just left. Still self defense. He was angry that you had grabbed his girlfriend’s ass and punched him in the mouth. Ok. Self defense is looking a little shakier. Your weapon is being carried illegally. You are in a lot of trouble. Understand now?