SavannahMann
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- Nov 16, 2016
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Who cares? If they werent supposed to make a citizens arrest, then write them a ticket or whatever.Citizen arrests arent illegal.The killers may well walk.
By the law of self defense they should....defending your life with lethal force is lawful.
No the law of self defense doesn’t say that. Idiot.
Would you quote the Georgia law on self defense?
Here it is...https://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-212010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 3 - DEFENSES TO CRIMINAL PROSECUTIONS :: ARTICLE 2 - JUSTIFICATION AND EXCUSE :: § 16-3-21 - Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution
And you can’t claim self defense when committing a felony. Otherwise every armed robber would claim self defense when they shoot the clerk.
They had no grounds for Citizens Arrest. First they had no firsthand knowledge. Second. They had no authority.
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
But with this you have to consider the Winn Dixie decision. https://www.gabar.org/forthepublic/forteachersstudents/lre/teacherresources/upload/ch16.pdf
So the McMichaels had no authority. The owner of the property may, but neighbors do not.
So everything from the go was in violation of the law. Arming up. Setting off in pursuit. Attempting to stop Arturo was a crime. It wouldn’t matter if they were sure they Had Jesse James in front of them. They had no firsthand knowledge of a crime, and no authority to arrest him.
So in attempting to arrest him they committed a Felony. Being armed at the time makes it two felonies. Waving their guns around is a third felony. Now no Felon is allowed to claim self defense.
This may not be the law where you are from. It may not be the law you think it should be. But it is the law in Georgia. And has been for decades.
The only one who could claim self defense is Arbury. He was under no legal obligation to run from the attack. Stand your ground.
I would also point out that trespassing is not normally a felony, it’s a misdemeanor. There is nothing in that law that allows anyone to kill a person and there is a huge difference between arrest and killing someone.
Incoherent much? Obviously........of course there is a law that allows the use of lethal force....it is called self-defence.
Ok. Let’s start at the beginning. Explain in light of the Winn Dixie Decision what right the McMichaels had to effect a citizens arrest under Georgia Law.
This case is about the right to defend yourself from an attacker.
No sir. The case is about the totality of events. And if you violate the Citizens Arrest law the charge is False Imprisonment. A Felony.