d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate > Georgia Lynching > Wtf, America?
Prev1181920212245Next
Add Reply New Topic New Poll
Member
Posts: 93,001
Joined: Dec 31 2007
Gold: 2,299.94
May 11 2020 12:32pm
Quote (cambovenzi @ May 11 2020 01:22pm)
You fumbled the ball on this point.

There is a categorical difference between unnecessarily shooting someone to subdue them for a citizens arrest, which would be unlawful use of force in line with the other examples given, and shooting someone who charged you and grabbed your gun while punching you.

Attempting a citizens arrest doesn't preclude using force if they attack you.

"When making a citizen's arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies."-Georgia Area legal Aid office


Its seems plausible they might not have fulfilled the requirements of a proper citizens arrest in other areas, specifically around knowledge of a crime.


Correct, had they had direct knowledge that a citizens arrest was lawful to make they would have been lawfully able to brandish a weapon in order to make a criminal comply with said citizens arrest. if however the person turned and fled, even with hands bulging with stolen construction tools from a jobsite they saw him steal them from, they cant shoot him.

their usage of self defense from an attacker rests on their legal right to have a gun pointed at him, which they didnt have. the deceased had the legal right to fear for his life, and even attack those with guns despite being unarmed, because there was no legal right for a citizens arrest.

and as a side note i dont see anything short of a known weapon on the burglar in clear site as a reason to approach him with guns drawn anyways. simply approaching an unarmed man with guns drawn is an escalation of force, and they're not legally use-able.

cops are free to shoot someone when they reach for a cellphone, citizens aren't. citizens arrest laws are designed to detain physically a fleeing criminal, there's not any gun vs non-gun legal uses i know of, or more realistically no guns can be used on someone without them having a weapon or a legit fear of being beaten to death.

This post was edited by thesnipa on May 11 2020 12:34pm
Member
Posts: 53,552
Joined: Mar 6 2008
Gold: 1,908.33
May 11 2020 12:35pm
Quote (Thor123422 @ May 11 2020 02:31pm)
There's really only two ways this can fall

1. They made an unlawful citizens arrest, and because their arrest was unlawful any negatives that stem from the arrest are on them, since resisting an unlawful arrest is legitimate.
2. Even though they made an unlawful citizens arrest, because they were technically making a citizens arrest and were defending themselves they can't be charged with using unlawful force.

Do you have a third option? And if not, which of these do you think is the case and why?


Undecided.
Member
Posts: 64,763
Joined: Oct 25 2006
Gold: 0.00
May 11 2020 12:38pm
Quote (cambovenzi @ May 11 2020 01:35pm)
Undecided.


Really? I had figured #1 would be a slam dunk. After all, if a police officer makes an unlawful arrest a pretty uncontroversial interpretation within libertarian circles would be that resisting unlawful arrests is legitimate.

Do you think if a police officer makes an unlawful arrest then resistance is warranted?

If so why is it harder to make the decision when it's just anybody walking down the street?
Member
Posts: 35,291
Joined: Aug 17 2004
Gold: 12,730.67
May 11 2020 12:47pm
Quote (Thor123422 @ May 11 2020 11:38am)
Really? I had figured #1 would be a slam dunk. After all, if a police officer makes an unlawful arrest a pretty uncontroversial interpretation within libertarian circles would be that resisting unlawful arrests is legitimate.

Do you think if a police officer makes an unlawful arrest then resistance is warranted?

If so why is it harder to make the decision when it's just anybody walking down the street?


I'm not saying cam believes this, but a lot of libertarians will say that trespassing on property is a violation of the NAP (even if it's not your property). You are allowed to use as much force as you want if the NAP is violated. A 6 year old chases their soccer ball that they accidentally kicked on your property? You're allowed to kill the child with a 50 caliber rifle.
Member
Posts: 93,001
Joined: Dec 31 2007
Gold: 2,299.94
May 11 2020 12:48pm
Quote (thundercock @ May 11 2020 01:47pm)
I'm not saying cam believes this, but a lot of libertarians will say that trespassing on property is a violation of the NAP (even if it's not your property). You are allowed to use as much force as you want if the NAP is violated. A 6 year old chases their soccer ball that they accidentally kicked on your property? You're allowed to kill the child with a 50 caliber rifle.


using a 50 cal there would be a waste of good meat. 22 gets the job done just fine
Member
Posts: 53,552
Joined: Mar 6 2008
Gold: 1,908.33
May 11 2020 12:54pm
Quote (Thor123422 @ May 11 2020 02:38pm)
Really? I had figured #1 would be a slam dunk. After all, if a police officer makes an unlawful arrest a pretty uncontroversial interpretation within libertarian circles would be that resisting unlawful arrests is legitimate.

Do you think if a police officer makes an unlawful arrest then resistance is warranted?

If so why is it harder to make the decision when it's just anybody walking down the street?


As a level headed intelligent adult I have no need to rush to judgement (or false dichotomies) without proper evidence and analysis.
I'm not a Georgia lawyer and don't have access and knowledge of all relevant evidence and information.

Its not fully clear they acted unlawfully in allegedly asking him to stop/attempting to stop him.

If an officer asks you to stop and you think its unlawful you don't automatically get to attack him and/or grab his gun.
Its much more complicated than that.

Quote (thundercock @ May 11 2020 02:47pm)
I'm not saying cam believes this, but a lot of libertarians will say that trespassing on property is a violation of the NAP (even if it's not your property). You are allowed to use as much force as you want if the NAP is violated. A 6 year old chases their soccer ball that they accidentally kicked on your property? You're allowed to kill the child with a 50 caliber rifle.


This is incorrect. Proportionality is a recognized concept in libertarianism.
Member
Posts: 64,763
Joined: Oct 25 2006
Gold: 0.00
May 11 2020 01:04pm
Quote (cambovenzi @ May 11 2020 01:54pm)
As a level headed intelligent adult I have no need to rush to judgement (or false dichotomies) without proper evidence and analysis.
I'm not a Georgia lawyer and don't have access and knowledge of all relevant evidence and information.

Its not fully clear they acted unlawfully in allegedly asking him to stop/attempting to stop him.

If an officer asks you to stop and you think its unlawful you don't automatically get to attack him and/or grab his gun.
Its much more complicated than that.

This is incorrect. Proportionality is a recognized concept in libertarianism.


What false dichotomy didn't I present? The only dichotomy I presented I specifically asked you for any third interpretation. If you have one, then please, present it and we can discuss it. For now I only see the two options I presented before.

As Snipa pointed out, the law is crystal clear on whether they broke the law by stopping this person.

If an officer makes an arrest that is unlawful, do you think it is fine to resist that arrest? The proportion of resistance isn't what I'm asking, we can talk about that next. I'm just asking if you think, as a concept, that unlawful arrest means there is a warranted amount of physical resistance?
Member
Posts: 105,150
Joined: Apr 25 2006
Gold: 10,475.00
May 11 2020 01:16pm


Ahmaud Arbery...





The more recent pic of Ahmaud Arbery that search engines try to bury...









This post was edited by Ghot on May 11 2020 01:29pm
Member
Posts: 93,001
Joined: Dec 31 2007
Gold: 2,299.94
May 11 2020 01:23pm
Quote (cambovenzi @ May 11 2020 01:54pm)
As a level headed intelligent adult I have no need to rush to judgement (or false dichotomies) without proper evidence and analysis.
I'm not a Georgia lawyer and don't have access and knowledge of all relevant evidence and information.

Its not fully clear they acted unlawfully in allegedly asking him to stop/attempting to stop him.

If an officer asks you to stop and you think its unlawful you don't automatically get to attack him and/or grab his gun.
Its much more complicated than that.



This is incorrect. Proportionality is a recognized concept in libertarianism.


unless they personally saw him commit the crime he hasnt even been proven to have committed, aka something they themselves dont claim happened, then its pepsi clear.
Member
Posts: 93,001
Joined: Dec 31 2007
Gold: 2,299.94
May 11 2020 01:30pm
Quote (Ghot @ May 11 2020 02:16pm)
Ahmaud Arbery...

https://i.imgur.com/9Xn792S.png



The more recent pic of Ahmaud Arbery that search engines try to bury...

https://img-9gag-fun.9cache.com/photo/aqnZeQZ_700b.jpg


previously committed crimes aren't admissible evidence in a court of law. and its to stop complete idiots on a jury from thinking a past crime proves a current alleged crime.

zero chance you'd be one of those idiots right? pshhhhhhh
Go Back To Political & Religious Debate Topic List
Prev1181920212245Next
Add Reply New Topic New Poll