Posted on 05/10/2020 1:30:57 PM PDT by Brookhaven
It's a podcast. No text available.
He posted a podcast covering the legal aspects of the Ahmaud Arbery killing. It's 9 minutes long and worth listening to, because Georgia has some peculiarities in GA law.
Citizen's arrest: only legal if you WITNESSED the crime taking place. Otherwise, it is illegal in GA for a private citizen to pursue and detain a person they only suspect of committing a crime. This is bad news for the McMichaels, as their defense seems to be they were making a citizen's arrest, which won't be a valid defense in GA.
GA has no 1st degree, 2nd degree murder. What it has is:
Murder: illegal killing; must be premeditated; requires a plan & action.
Felony Murder: illegal killing committed while in the act of another crime; does not have to be premeditated; even if you didn't pull the trigger, you can be charged with this (two guys rob a store, one guy pulls a gun and shoots the cashier, they can both be charged with felony murder). Any death, even an accidental one, can be a felony murder if it occurs during the commission of a crime.
Manslaughter: illegal killing; does not require premeditation.
He thinks they have been overcharged, because while the killing seems to be illegal, it does not seem to have been premeditated. Thus, he thinks they may get off.
Who shot Boo?
“...he thinks they may get off.”
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If by “get off” he means found to be NOT GUILTY because it was self defense, he would be right.
I miss Boortz and his sarcastic banter but do NOT miss his support for abortion.
I knew it wouldn’t take more than 3 replies to go there. LOL
Uh, no. Chasing someone down the street with a gun and then shooting him when he resists you isn’t “self defense” by any stretch of the law.
I thought they still needed a grand jury for the charges?
But it MIGHT be the law in Georgia. Important distinction.
Uh, no. Chasing someone down the street with a gun and then shooting him when he resists you isn’t “self defense” by any stretch of the law.
I agree with that statement
You can’t be the aggressor then claim self defense when your illegal “arrest” didn’t go as planned
Everybody’s ignoring a fact that the killer already knew this guy. So it probably was premeditated.
There is no evidence this is self-defense. And quite a bit that it isn’t
But it MIGHT be the law in Georgia. Important distinction.
No it isn’t though, the law doesn’t allow you to play cop, grab your gun and hold up innocent people you think committed a crime and shoot them because they don’t obey your orders and fight back in self defense
Try again
Even Georgia isn’t that backwards
It could be self-defense even if those two had an illegal roadblock. On the other hand, had the running man gotten the shotgun and killed the road-blocker, that also would be self-defense.
That is very true
They were the aggressors in this situation, Arbery was the victim and was the one who could use self defense in this situation. Just because the aggressors got what they were trying to dish out, doesn’t give them the right to use lethal self defense.
It would be like being on the street and someone mugged you and in the process you took out your gun and the mugger took out his gun and shot you first and killed you. The mugger can’t claim self defense because he was the initiator (the aggressor) in the confrontation.
“...shooting him when he resists you isn’t “self defense”...”
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Fortunately, for less perceptive “jurors” such as yourself, there will be experts going over (and over and over and over) the details of the law and the videos frame by frame and at regular speed and slow speed.
The slowest, dullest juror will be made to understand that Arbery initiated the physical contact by charging the armed son and attempted physically to take the son’s shotgun from him. While in the midst of that physical struggle the shotgun was fired in self defense.
Perhaps you are of the breed that would allow himself to be disarmed and, after surrendering your firearm, accept whatever fate the person to whom you surrendered deals out to you. That would be your right...as self defense would also be your right.
They were the aggressors, they lost the right to self defense when they decided to go out and play cop and try to arrest a man for a crime that they didn’t even witness.
Don’t play cops, leave it to the pros
Sorry, I don’t go around playing cop trying to arrest people for crimes I think they committed.
The shooter was the aggressor and should be in prison for murder, whether it is felony murder or murder, I will leave that up to the DA and the Jury.
Arbery had every right to defend himself against his aggressors who were playing cop that day.
Neil’s a blowhard
“Felony Murder: illegal killing committed while in the act of another crime;”
Incomplete:
16-5-1. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
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