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Posted on 5/10/20 at 2:50 pm to FlexDawg
quote:
Standing there trying to perform a citizens arrest without touching the kid isn’t an assault.
Moving towards someone while you’re holding a shotgun isn’t “standing there.”
Posted on 5/10/20 at 2:51 pm to the808bass
100% complete breach of the peace, the law would never support stuff like that lawful citizen’s arrest self defense theory, totally more dicey
Posted on 5/10/20 at 2:52 pm to SammyTiger
quote:
I am Not watching 42 minutes of this
You should, it totally changed my opinion of the situation. if your mind is open it will change yours also.
Posted on 5/10/20 at 2:53 pm to Ponchy Tiger
I stopped after about a minute when he glossed over no one witnessing Arbery committing a crime necessitating a citizens arrest.
Posted on 5/10/20 at 2:53 pm to FlexDawg
quote:You realize you are just flat-out wrong, right? Per Georgia (and every other state's) law:
You realize assault means physical attack right?
quote:
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
quote:That is what we call self defense. He was assaulted.
That was Ahmaud who charged the guy and grabbed the barrel of the gun.
quote:It is definitely assault. And since it was done with a deadly weapon, it is aggravated assault, a felony.
Standing there trying to perform a citizens arrest without touching the kid isn’t an assault.
quote:
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
Further, since someone was killed during the commission of an aggravated assault, it is murder.
quote:
(c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
Posted on 5/10/20 at 2:54 pm to the808bass
quote:
It justifies any action
I'd assume that since the citizen's arrest contains a reasonable force requirement, once you go beyond that you're operating outside of the law and would then forfeit the stand your ground/self defense defense.
Let this be a lesson to a lot of people. Ask yourself, do you want your fate to be decided by a jury's interpretation of the word "reasonable"? If not, sit back and let the cops handle it.
This post was edited on 5/10/20 at 2:57 pm
Posted on 5/10/20 at 2:54 pm to rumproast
quote:
There is only one certainty in this matter. Ahmaud's parents and Al Sharpton are going to make a lot of money.....
How? Then 2 guys likely don't own much of real value. What the do have will be spent of quick on a defense attorney.
Posted on 5/10/20 at 2:54 pm to ThePTExperience1969
quote:
There is literally no stand your ground defense they can assert since they were the ones with guns WHO INSTIGATED THIS against someone who was unarmed and THEY WEREN’T COPS.
"Stand your ground" typically refers to Florida law, and what you said is incorrect in Florida. I'd guess that the specific wording of Georgia laws pertaining to self defense and citizen's arrest law is going to be picked apart 8 ways from Sunday.
Posted on 5/10/20 at 2:56 pm to Flats
Florida’s irrelevant to this
Posted on 5/10/20 at 2:56 pm to G The Tiger Fan
quote:I don't know if they will or won't, but if people start riding around with armed men in the back of pickup trucks, blockading roads, and exiting vehicles while armed... that sounds like a pretty solid case for terrorism.
Well, I'm sure the media will try to get them charged with that also.
Posted on 5/10/20 at 2:56 pm to Korkstand
quote:
It is definitely assault. And since it was done with a deadly weapon, it is aggravated assault, a felony.
So even if you're attempting a legal citizens arrest (for the sake of argument let's assume it was a legal citizen's arrest) unarmed you're still committing assault?
That doesn't sound right.
Whether or not they had a legal claim to making a citizen's arrest seems to determine how their actions are perceived.
Posted on 5/10/20 at 2:58 pm to Azkiger
Georgia was trying to pass a law making brandishing a gun legal. It sounds like a horrible idea. This case may slow that down.
Posted on 5/10/20 at 3:00 pm to davyjones
That’s only if the courts haven’t provided an interpretation.
Idk if they have but we don’t just defer automatically to plain language. Especially in this case where immediate knowledge sorta doesn’t mean anything.
Idk if they have but we don’t just defer automatically to plain language. Especially in this case where immediate knowledge sorta doesn’t mean anything.
Posted on 5/10/20 at 3:02 pm to Azkiger
quote:It's assault if you assault someone. If you attempt a citizen's arrest and that person doesn't comply, you don't have a right to assault them.
So even if you're attempting a legal citizens arrest (for the sake of argument let's assume it was a legal citizen's arrest) unarmed you're still committing assault?
Posted on 5/10/20 at 3:03 pm to ThePTExperience1969
quote:
Florida’s irrelevant to this
No kidding, that's why I was pointing out that what everybody learned about "stand your ground" in the Zimmerman case is Florida specific.
Posted on 5/10/20 at 3:03 pm to SammyTiger
quote:
Idk if they have but we don’t just defer automatically to plain language. Especially in this case where immediate knowledge sorta doesn’t mean anything.
Pretty much all law is this, generally I consult legislative intent if plain language does not provide a definition almost like the Equal Protection and Due Process Clause
Posted on 5/10/20 at 3:04 pm to Flats
Posted on 5/10/20 at 3:04 pm to Korkstand
quote:
It's assault if you assault someone. If you attempt a citizen's arrest and that person doesn't comply, you don't have a right to assault them.
So how is "making a citizen's arrest" different from freedom of speech?
Because you seem to suggest that anything beyond simply asking someone to not run is an assault. I don't need a citizen's arrest law to legally ask someone to wait until cops arrive.
Posted on 5/10/20 at 3:06 pm to Azkiger
quote:
Because you seem to suggest that anything beyond simply asking someone to not run is an assault.
Well, one guy used a baseball bat and it didn’t turn out good. A shop owner used a gun to stop a thief. That didn’t turn out good for the shop owner either.
The courts don’t seem to take too kindly to physical violence in effecting a citizens arrest.
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