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re: US court sentences Ahmaud Arbery killer to life in prison

Posted on 8/8/22 at 6:13 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:13 pm to
quote:

Is trespassing a felony?


He was on felony probation at the time, and was known to one of the defendants. Does commiting a crime while on felony probation count?
Posted by UndercoverBryologist
Member since Nov 2020
8077 posts
Posted on 8/8/22 at 6:14 pm to
quote:

If he did he’d be called a cuck but he might be still alive


I’m not really up for digging back through the Prosecution’s arguments for a verbatim take on why the citizens’ arrest was unlawful or the specific Georgia statutes that govern it, but I invite anyone willing to Google it to go back and read it.


The concept of Citizens’ Arrest cannot be used as a post-hoc rationale for legitimizing a false imprisonment. In order to execute a lawful citizens’ arrest, you have to conduct it within the confines of the law. Georgia law specifically enumerates the legitimate reasons for CA. The prosecution argued cogently and with evidentiary back-up that the CA executed against Arbery was not lawful.

Edit: You are under no obligation to be passive if someone is holding a gun on you unlawfully.
This post was edited on 8/8/22 at 6:18 pm
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:16 pm to
quote:

I truly believe that you tried to follow the trial, and think you understand it. But, the truth is that you are simply a retard who wasn’t capable of doing it well.


I've simply stated the facts of the case. These guys were defending their neighborhood, whole armed, and then shot a guy who went for one of their guns. I'm not going to pretend I should just sit at home and wait for the cops to come every time some suspicious person "jogs" through our neighborhood.
Posted by SoonerK
Member since Nov 2021
1010 posts
Posted on 8/8/22 at 6:16 pm to
quote:

He was on felony probation at the time, and was known to one of the defendants. Does commiting a crime while on felony probation count?

I'll repeat. Is trespassing a felony?
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:18 pm to
quote:

The concept of Citizens’ Arrest cannot be used as a post-hoc rationale for legitimizing a false imprisonment. In order to execute a lawful citizens’ arrest, you have to conduct it within the confines of the law. Georgia law specifically enumerates the legitimate reasons for CA. The prosecution argued cogently and with evidentiary back-up that the CA executed against Arbery was not lawful.


You're correct here. I believe Georgia's citizens arrest laws need to change. Citizens shouldn't be required to have a prosecutors knowledge of the law before stopping someone they know has committed a crime.
Posted by CaptSpaulding
Member since Feb 2012
6945 posts
Posted on 8/8/22 at 6:19 pm to
quote:

He was on felony probation at the time, and was known to one of the defendants. Does commiting a crime while on felony probation count?


I want you to be honest here: did you miss the part of the trial that went over how you cannot legally perform a citizen’s arrest for something that happened two weeks ago? It has to be literally happening right now. It doesn’t matter how many houses they saw anyone running out of in the past, or how many times anyone called 911 about it. Their actions on that day were the only criminal actions that took place.

Are you intentionally leaving this part out of your reasoning, or are you simply a stupid person who couldn’t follow the trial, like I said earlier?
Posted by UndercoverBryologist
Member since Nov 2020
8077 posts
Posted on 8/8/22 at 6:20 pm to
quote:

Citizens shouldn't be required to have a prosecutors knowledge of the law before stopping someone they know has committed a crime.


Is it too much to expect a former police officer to know the law?
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:22 pm to
quote:

I'll repeat. Is trespassing a felony?


I answered your question. You just don't like the fact that he was on felony probation, and therefore was a felon immediately after trespassing. Unfortunately, that fact was not allowed at trial.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:26 pm to
quote:

Is it too much to expect a former police officer to know the law?


I wouldn't expect anyone to know that a citizen can only stop a criminal you have witnessed committing a crime if you know that criminal committed a felony or only if you stopped them immediately in that moment. That makes no sense at all.
This post was edited on 8/8/22 at 6:29 pm
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:27 pm to
quote:

I want you to be honest here: did you miss the part of the trial that went over how you cannot legally perform a citizen’s arrest for something that happened two weeks ago?


No. I'm aware that Georgia's citizens arrest laws are deficient. You should definitely be able to detain someone you have witnessed committing a crime.

ETA:

quote:

Are you intentionally leaving this part out of your reasoning, or are you simply a stupid person who couldn’t follow the trial, like I said earlier?


The irony being that I had just answered this question immediately above this comment from you. You might want to stop calling people stupid while they're making you look stupid.
This post was edited on 8/8/22 at 6:29 pm
Posted by SoonerK
Member since Nov 2021
1010 posts
Posted on 8/8/22 at 6:29 pm to
quote:

I answered your question. You just don't like the fact that he was on felony probation, and therefore was a felon immediately after trespassing. Unfortunately, that fact was not allowed at trial.

No you didn't. Read the Georgia law. Trespassing is not a felony. In Georgia, you cannot make a citizens arrest for a non-felony crime. Him being a felon on probation has no bearing on the the law.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:32 pm to
quote:

No you didn't. Read the Georgia law. Trespassing is not a felony. In Georgia, you cannot make a citizens arrest for a non-felony crime. Him being a felon on probation has no bearing on the the law.


Yes I did. And yes, everything else you said here is true. I agree with you.

The laws of Georgia being deficient isn't a good argument for life in prison or a murder conviction. You'll never convince me otherwise.

In a just society, Georgia would change its laws to allow people more freedom to police and protect their own neighborhoods, so this doesn't happen to others in the future. I'm sure my own state needs to do this also.

Our society should not operate in a way that allows people to get away with crimes simply because they fled before the police arrived. The requirement that you witness a felony before holding someone until the police arrives is just begging for innocent people to get hurt before anyone can act.
This post was edited on 8/8/22 at 6:35 pm
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32376 posts
Posted on 8/8/22 at 6:36 pm to
quote:

I thought they had witnessed him leaving the abandoned house previously?


Did they catch him in the act of committing a crime at the time they’d tried to detain him?
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32376 posts
Posted on 8/8/22 at 6:38 pm to
quote:

If he did he’d be called a cuck but he might be still alive


Do you think he would’ve figured that out as a gun was pointed at him by non-police officers?
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:39 pm to
quote:

Did they catch him in the act of committing a crime at the time they’d tried to detain him?


No, and yes I do realize the Georgia citizens arrest law is not sufficient enough to allow people to defend and protect their neighborhoods from criminals. I can't imagine knowing this and still feeling safe at home in Georgia.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:40 pm to
quote:

Do you think he would’ve figured that out as a gun was pointed at him by non-police officers?


He knew one of them as a police officer. What makes you sure he didn't still view him as a police officer?
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32376 posts
Posted on 8/8/22 at 6:41 pm to
quote:

These guys were defending their neighborhood, whole armed, and then shot a guy who went for one of their guns.


Defending their neighborhood from what?

quote:

I'm not going to pretend I should just sit at home and wait for the cops to come every time some suspicious person "jogs" through our neighborhood.


So you’re okay with holding someone at gunpoint based on a suspicion you have.
This post was edited on 8/8/22 at 6:44 pm
Posted by Wally Sparks
Atlanta
Member since Feb 2013
32376 posts
Posted on 8/8/22 at 6:43 pm to
quote:

He knew one of them as a police officer. What makes you sure he didn't still view him as a police officer?


Doesn’t matter since McMichael was no longer a cop and didn’t act in an official capacity.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 8/8/22 at 6:44 pm to
quote:

He was wearing athletic shoes


Oh so he was out for a jog?

Tell me you think he was just jogging or walking the neighborhood and try to defend that so you can show us how stupid you are.

You know there are actually people who are out for a jog or just sitting in their homes and get brutally murdered by gang violence or random violence everyday and it’s a lot more tragic than this situation.

You and the media only care about this story because of the picture you can paint, not because of Ahmaud.

So spare us your holier than thou bull shut
This post was edited on 8/8/22 at 6:48 pm
Posted by imjustafatkid
Alabama
Member since Dec 2011
62160 posts
Posted on 8/8/22 at 6:44 pm to
quote:

Defending their neighborhood from what?


A person they knew was a thief and had previously witnessed trespassing in the neighborhood.

quote:

So you’re okay with holding someone at gunpoint based on a suspicion your have.


No. They had definitely witnessed him committing crimes in their area. You are changing facts to fit your argument.
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