The board is being overwhelmed by Ahmaud Arbery threads. So we are making this the one and only thread on the matter. On topics that last for months, we like to have one and only one thread so it's easier to moderate and so the boards aren't overrun by the same topic. So we are starting anew here. Please note: to post on this thread you must be a registered user. Racism will not be tolerated. Please remember that a young man is dead. That's very sad. Please at least try to become knowledgeable before your post on this matter. Here is a CliffsNotes version of the legal arguments that will be coming.From The Prosecutor's standpoint They'll point out one doesn't have the right to block someone on the street and demand they do something by brandishing a shotgun. That would be considered false imprisonment/kidnapping which is a felony. So the prosecution will argue that the McMichaels were committing a felony by approaching Arbery, and that he was naturally freaked out when he saw several armed men cut him off and brandish weapons so he tried to defend himself and they killed him in the struggle. Since the McMichaels killed a man while in the act of felony - that's felony murder.From the Defense's standpoint. They'll say the McMichaels weren't imprisoning anyone, they were conducting a citizen's arrest and were attacked in the process. The defense will argue Travis McMichael feared for his life when Arbery lunged at him as McMichael was holding a shot gun and if he lost control of the shotgun, he could have been killed so he fired in self defense. And please understand Georgia's stand your ground laws are extremely liberal.
Vadogwood wrote:
Georgia’s self-defense laws, also known as stand-your-ground laws, are considered some of the broadest in the country. These laws say that anyone who is being threatened by another person’s use of force has no duty to retreat or back down and can legally use force against their attacker....
“A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force,” the law reads.
The Prosecutor will then say the McMichaels forfeited stand your ground as they were making an unlawful citizens arrest
The prosecution's rebuttal will be that stand your ground doesn't apply here because the Travis McMichael was not protecting himself against "unlawful force" as required by law. The prosecutors will say Arbery was the one entitled to stand your ground in this case and that Arbery was justified in lunging atTravis McMichael as he feared for his life when he saw the shot gun.
The whole case likely legally will hinge on an argument as to whether the McMichaels were making a lawful citizen's arrest or not. If they were, they can claim stand your ground. If not, stand your ground applies to Arbery and they are almost certainly guilty of felony murder.
So please read the statute on citizen's arrest in Georgia.
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 grounds of suspicion.
The prosecution will clearly claim the McMichaels didn't see a felony being committed in their presence nor did they ahve immediate knowledge of one. If they did, then why did they ask to speak to him instead of just telling him they were performing a citizen's arrest. Therefore they had no right to approach Arbery with weapons drawn and when they did so they were committing a felony. Arbery was justified in trying to defend himself and so the McMichaels lose the "stand your ground" protection as the McMichaels were not protecting themselves against the "imminent use of unlawful force" as required by law. The prosecutors will say that Arbery use of force was lawful and he was the one correctly entitled to "stand your ground" protection in this case.
Here is a great article to read.
https://thedispatch.com/p/a-vigilante-killing-in-georgiaAnd some more sources.
https://codes.findlaw.com/ga/title-17-criminal-procedure/ga-code-sect-17-4-60.htmlhttps://www.nationalreview.com/corner/ahmaud-arbery-shooting-georgia/https://vadogwood.com/2020/05/06/ahmaud-arbery-georgia-stand-your-ground/[/quote]