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by Jeffrey
Mon May 11, 2020 10:31 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Exactly. Would the police have been justified in using deadly force to effect an arrest under these circumstances? Seems unlikely. Assuming that citizens were justified in effecting an arrest, it doesn’t follow that they were justified in the use of deadly force absent self-defense. [Ignore me if t...
by Jeffrey
Mon May 11, 2020 5:21 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Where is the evidence this "video" was from a different night? Now we're going to assume facts not in evidence? IIRC, one of the perpetrators referenced it, which would be (somewhat weak, IMO) circumstantial evidence of its existence. Screenshots were released of the videos. It appears to exist. Si...
by Jeffrey
Mon May 11, 2020 4:34 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Even non-lawyers understand that you often can determine someone's intent from circumstantial evidence. Some lawyers take the time to explain to juries why the evidence at trial DOES show the intent of the defendant (or not). Other lawyers just say "I went to law school and you didn't, so neener ne...
by Jeffrey
Mon May 11, 2020 1:05 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

I don’t see how. All the Walmart case said was that a citizens arrest over a MUNICIPAL misdemeanor wasn’t permitted. State misdemeanors are arrestable offenses under the citizens arrest statute.
by Jeffrey
Mon May 11, 2020 12:43 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

I posted two examples, it wasn’t the holding of the case, it was obiter dictum but it still sheds some light on the issue.
by Jeffrey
Mon May 11, 2020 12:42 pm
Forum: Coronavirus
Topic: Coronavirus Humor
Replies: 862
Views: 49721

Re: Coronavirus Humor

by Jeffrey
Mon May 11, 2020 12:38 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Sterngard Friegen wrote: Mon May 11, 2020 10:16 am A citizens-arrest may not be used in the case of a misdemeanor if the alleged perpetrator declines to be arrested.
Then why are there so many cases where they’re allowed to arrest shoplifters even though they refuse to be arrested?
by Jeffrey
Mon May 11, 2020 6:05 am
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Yeah I think it supports the general point. You have an infinitely broad citizens arrest statute that allows the use of force to make a citizens arrest for misdemeanors, doesn’t allow the person under citizens arrest to use force to resist the citizens arrest and allows the person making a citizens ...
by Jeffrey
Sun May 10, 2020 9:14 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Perhaps someone can find a case where the misdemeanant refused to acquiesce in the citizens-arrest. The most recent cases are utterly irrelevant to the point of law. Closest ones I've found are McPetrie v. State holding that you can't beat someone with a baseball bat after performing a citizens arr...
by Jeffrey
Sun May 10, 2020 9:01 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Okay more pertinent case law which supports my reading of the citizens arrest statute (emphasis added): OCGA § 17-4-60 provides, in pertinent part, that a private citizen may arrest an offender "if the offense is committed in his presence or within his immediate knowledge." It does not distinguish b...
by Jeffrey
Sun May 10, 2020 8:34 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Reading further, the controlling case law re: citizens arrest in Georgia is Graham v. State 1915 which I'm trying to find right now but forebodingly is cited in the book "From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality". It's also cited in this paper from Michig...
by Jeffrey
Sun May 10, 2020 8:27 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

The Georgia law doesn't permit an involuntary citizens-arrest of a misdemeanant. If he runs you have to let him go. Trying to dig up case law for clarity. First one that comes up is Wal-Mart Stores, Inc. v. Johnson: The evidence shows that Johnson was arrested by Danielle Buck, the Wal-mart loss pr...
by Jeffrey
Sun May 10, 2020 7:36 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Anyways Dave might get a kick out of this. This showed up on the recommendations and I was about to cite this lawyer who agreed that the video gave legal justification for a citizens arrest: https://www.youtube.com/watch?v=kHwrWg_BzOc But I decided to double check and turns out he's a lawyer from Fl...
by Jeffrey
Sun May 10, 2020 6:50 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

If I’m reading the statute wrong then just explain how I’m reading it wrong. Saying I’m a lawyer or the GBI interprets it differently doesn’t clarify anything. The statute says offense in the first sentence. If offense means ONLY felonies then just say that. We were on opposite sides of the argument...
by Jeffrey
Sun May 10, 2020 5:29 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

You're giving the legislators of a red state and former confederate state too much credit by suggesting that their citizens arrest laws are up to modern standards of civilization.
by Jeffrey
Sun May 10, 2020 5:10 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

I don't think you're reading it right. 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 ...
by Jeffrey
Sun May 10, 2020 3:17 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Are you an attorney? A cop? I've never been an attorney but I was a cop and I can assure you that "contorted" reading is much closer to what you're doing than "plain" reading. I'm not a Mexican lawyer either but nobody complained when I said it's legal to arrest people for public urination in Mexic...
by Jeffrey
Sun May 10, 2020 2:31 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

But please proceed with your rationalization that chasing a man down in broad daylight, armed to the teeth and then shooting him in the middle of the street is somehow justified. Just don't expect people to agree with you. A plain reading of the statutes involved says exactly that. That you can cha...
by Jeffrey
Sun May 10, 2020 1:34 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

I can’t modify my behavior if nobody explains the problem. Dave previously raised the problem of whether the 911 caller witnessed the crime. The video shows he was an eyewitness.

I don’t understand how that’s blockworthy behavior. If discussion of the mechanics of the case is prohibited just say so.
by Jeffrey
Sun May 10, 2020 11:13 am
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Maybe that's where I'm getting tripped up but the first sentence says: A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. Second sentence: If the offense is a felony and the offender is escaping or attempting to escape, a private pe...
by Jeffrey
Sun May 10, 2020 8:15 am
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

How so? Video shows the 911 caller saw him enter and exit the house, that takes care of the immediate knowledge requirement. Then just have to persuade them that 3 or 4 minutes in an empty house can be proof of burglary.
by Jeffrey
Sun May 10, 2020 7:51 am
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

Mediocre defense attorney can easily spin the trespassing video to get a hung jury or not guilty verdict. It’s back to a toss up.
by Jeffrey
Sat May 09, 2020 7:16 pm
Forum: Coronavirus
Topic: Coronavirus: Violent Extremism / Reopeners / Anti-maskers
Replies: 349
Views: 17196

Re: Coronavirus: Violent Extremism / Reopeners

The bazooka is for self defense.
by Jeffrey
Sat May 09, 2020 5:38 pm
Forum: Current Events
Topic: The Ahmaud Arbery case
Replies: 322
Views: 13648

Re: The Ahmaud Arbery case

If concealed carry is legal, then that notches up my fear level ten fold and so would I not be justified to Stand My Ground and shoot everyone that I suspect has a gun as they are a threat to my safety in my mind? Ps. I live in Australia since we changed our gun laws I have little fear of being sho...
by Jeffrey
Sat May 09, 2020 4:33 pm
Forum: Coronavirus
Topic: New Diseases - Coronavirus
Replies: 5283
Views: 186874

Re: New Diseases - Coronavirus

I got a question for the doctors. I keep hearing conflicting things about death toll projections. When they say xxx,xxx will die does that mean ever or by a certain date? Because sometimes I hear doctors say less people will die total and other times I hear less people will die by a certain date. So...

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