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re: The Truth About Ahmaud Arbery

Posted on 5/10/20 at 2:31 pm to
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 2:31 pm to
quote:

A wonderful legal defense. "Yes, your honor, I understand the precedence of this law, but it was set by stupid lawyers and judges!"

Can I get you on retainer


I thought we were discussing what was correct?
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 2:32 pm to
quote:

It’s not. Assuming you know the meaning of a legal term while ignoring how it’s been applied is idiocy.


Your claim of how it’s been applied fails the test of literacy. Sorry you don’t like that reality.
Posted by AMS
Member since Apr 2016
6534 posts
Posted on 5/10/20 at 2:33 pm to
quote:


You don’t have to witness it in Georgia. We’ve been over this and you’ve made great strides, let’s not regress.



Mcmichaels had no direct or immediate knowledge of a felony taking place.
His own description of events in the police reports were that he saw someone running, and knew about recent break ins so he decided to confront him.
So your cute little quibble about immediate vs in person is irrelevant, because he didnt have knowledge of any ongoing crime.
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 2:33 pm to
quote:

So the persons who assault a citizen attempting a legal arrest aren’t charged with assault?
Even if you believe the McMichaels had every right to attempt a citizen's arrest (had immediate knowledge, etc), that still does not give them the right to commit aggravated assault in the process of attempting the arrest.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78157 posts
Posted on 5/10/20 at 2:33 pm to
No it’s the job of the finder of law to interpret the law and the finder of fact to determine if the fact fit that interpretation .

Posted by Azkiger
Member since Nov 2016
26895 posts
Posted on 5/10/20 at 2:34 pm to
quote:

It would still be a dwelling.


"Dwelling" means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit.

That's Georgia law. Doesn't seem to fit to me.
Posted by troyt37
Member since Mar 2008
14670 posts
Posted on 5/10/20 at 2:34 pm to
quote:

You haven’t established what the law means. I’m the only one between the two of us who has cited a case. And the interpretation clearly doesn’t support your contention. Feel free to cite a counter example.


Are there any cases involving attacking someone with a gun, and getting shot while trying to take it from them?
Posted by Azkiger
Member since Nov 2016
26895 posts
Posted on 5/10/20 at 2:35 pm to
quote:

I thought we were discussing what was correct?


808bass has been quoting legal precedence so far, seems to be the conversation is what's legal.
Posted by Turbeauxdog
Member since Aug 2004
24075 posts
Posted on 5/10/20 at 2:35 pm to
quote:

Even if you believe the McMichaels had every right to attempt a citizen's arrest (had immediate knowledge, etc), that still does not give them the right to commit aggravated assault in the process of attempting the arrest.



That’s a dodge.
Posted by G The Tiger Fan
Member since Apr 2015
115659 posts
Posted on 5/10/20 at 2:36 pm to
quote:

Are there any cases involving attacking someone with a gun, and getting shot while trying to take it from them?
People keep saying the McMichaels were "brandishing" a gun, "pointing" a gun, "attacking" with a gun. Where are people seeing this? Is there some other video showing this or some other police report stating this?
Posted by the808bass
The Lou
Member since Oct 2012
125078 posts
Posted on 5/10/20 at 2:36 pm to
quote:

How was this a citizen's arrest?


If it’s not a citizen’s arrest, they’re doing what?
Posted by davyjones
NELA
Member since Feb 2019
35053 posts
Posted on 5/10/20 at 2:37 pm to
Like I said, the everyday definition of "immediate" and "knowledge" IS the law on that very specific question, as there's no statute that provides a legal definition of the "immediate knowledge". So yes, the finder of fact must take the everyday definition of the term and apply it to the facts.
Posted by G The Tiger Fan
Member since Apr 2015
115659 posts
Posted on 5/10/20 at 2:37 pm to
Chasing after a guy, telling him that they want him to stop so they can talk to him.
Posted by Azkiger
Member since Nov 2016
26895 posts
Posted on 5/10/20 at 2:37 pm to
quote:

that still does not give them the right to commit aggravated assault in the process of attempting the arrest.


True, did they though? The truck blocks the most important second or two of the encounter.
Posted by the808bass
The Lou
Member since Oct 2012
125078 posts
Posted on 5/10/20 at 2:37 pm to
It doesn’t have to be an occupied dwelling for a B&E to occur.
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 2:37 pm to
quote:

How was this a citizen's arrest? Is chasing after someone and saying you want them to stop and talk considered a "citizen's arrest"? I'm no legal scholar but that doesn't seem like enough to be called a citizen's arrest to me. Have the McMichaels' attorneys come out and said they were planning on using citizen's arrest as part of their defense?
What other defense would you recommend? That's basically all they have.
Posted by the808bass
The Lou
Member since Oct 2012
125078 posts
Posted on 5/10/20 at 2:38 pm to
quote:

Chasing after a guy, telling him that they want him to stop so they can talk to him.


So they had their guns out to talk to him? They’re going to want to argue citizens arrest and then self-defense. I don’t think they can say “I got my gun out to talk to the guy and he all misconstrued it.”
Posted by Korkstand
Member since Nov 2003
29044 posts
Posted on 5/10/20 at 2:39 pm to
quote:

That’s a dodge.
How so?
Posted by the808bass
The Lou
Member since Oct 2012
125078 posts
Posted on 5/10/20 at 2:39 pm to
quote:

pointing" a gun


Pointing is brandishing.
Posted by G The Tiger Fan
Member since Apr 2015
115659 posts
Posted on 5/10/20 at 2:39 pm to
I'm not recommending a defense. I'm just asking how "citizen's arrest" all of a sudden became the buzz term here. Like I said, I'm no legal scholar. I just skimmed the "citizen's arrest" page on Wikipedia.
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