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Started By
Message
2
Posted on 11/18/21 at 12:00 am to the808bass
quote:
She’s not
Yea but if you don't assume that then azkiger can't pretend to have some interesting take no matter how wrong it would still be considering Travis has directly contradicted it the entire time
Posted on 11/18/21 at 12:10 am to the808bass
quote:
She’s not.
Source?
Posted on 11/18/21 at 12:33 am to RogerTheShrubber
quote:
If they actually caught him stealing, I would get it. But I dont think they ever did. It was a major overreaction.
Whether he stole anything or not is a mute point. Once you grab a weapon in someone else’s possession and attempt to take it from them, they have legal justification to use deadly force against you.
Posted on 11/18/21 at 12:43 am to Blizzard of Chizz
quote:
Whether he stole anything or not is a mute point. Once you grab a weapon in someone else’s possession and attempt to take it from them, they have legal justification to use deadly force against you
Under normal circumstances you would be correct. However the wrestling for the gun was the self defense for the false imprisonment and aggravated assault.
Your explanation In this scenario is like saying a mugger (McMichael's) acted in self defense when they killed the mugee (AA) for attempting to disarm the mugger.
You aren't justified using deadly force for self defense when actively committing violent felonies.
Posted on 11/18/21 at 12:53 am to AMS
quote:
Under normal circumstances you would be correct. However the wrestling for the gun was the self defense for the false imprisonment and aggravated assault.
How is it self defense for false imprisonment? There are legal remedies for false imprisonment. When you attempt to take a gun by force from another individual it’s an entirely different ballgame. He has as much right to defend himself as anyone else especially if he believed he was acting in good faith by detaining a suspected thief.
Posted on 11/18/21 at 12:59 am to Blizzard of Chizz
To answer your question Refer to the other parts of that post you ignored.
Posted on 11/18/21 at 6:34 am to Blizzard of Chizz
Using that logic, McMichaels could be excused from making citizens arrests at anytime or anyplace if he thinks he saw a felony.
At worst Arbery is guilty of trespassing which in just about any jurisdiction would be a misdemeanor or dismissed especially if he has no stolen items on him.
The key is what happened the day of the incident and the particulars of that day. The defendants (McMichaels) were not victims of Arbery's trespass and they are not victims of any alleged theft since they were not owners of the property.
At worst Arbery is guilty of trespassing which in just about any jurisdiction would be a misdemeanor or dismissed especially if he has no stolen items on him.
The key is what happened the day of the incident and the particulars of that day. The defendants (McMichaels) were not victims of Arbery's trespass and they are not victims of any alleged theft since they were not owners of the property.
Posted on 11/18/21 at 6:53 am to Azkiger
quote:
Really? Because the funniest part to me is that the law doesn't even mention "residence", but it does mention "vacant building/structure". "A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft."
They define structure as well. And an unfinished construction site is not a structure. Swing and a miss.
Posted on 11/18/21 at 6:57 am to Blizzard of Chizz
quote:
Whether he stole anything or not is a mute point. Once you grab a weapon in someone else’s possession and attempt to take it from them, they have legal justification to use deadly force against you.
Two hoods pull a gun on you and try to rob you. You say frick that and try to defend yourself by grabbing their gun. They shoot and kill you. They should get off?
Posted on 11/18/21 at 8:12 am to JohnnyKilroy
quote:
They define structure as well. And an unfinished construction site is not a structure. Swing and a miss.
Citation needed. Do building too.
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