Posted on 11/24/2021 5:36:25 PM PST by HogsBreath
There were five key arguments the court ruled could not be presented to the 12-juror panel who will decide the fate of the three white men charged They included Arbery's mental health records and criminal history, and the fact that trace amounts of THC were found in his blood after his death The judge also refused evidence claiming Arbery was known as 'The Jogger' because he would jog to convenience stores, and run out with stolen goods
(Excerpt) Read more at dailymail.co.uk ...
McMichaels Sr had been a cop for 30 years. He knew Arbery and knew his record. Their neighborhood was constantly being burglarized. There was even testimony addressing it. A gun had been stolen and tools. The police were looking for Arbery. He was known to be violent. The first DA refused to prosecute. He was dismissed and another DA brought charges.
“People’s rap sheets are not readily available to the public.”
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Depends on the State and County.
Some are, some aren’t.
“Had been a cop”. Doesn’t mean he WAS a cop. I have no sympathy for these guys. They played a stupid game and lost.
C'mon, these were typical neighborhood types, not gangsters. If the decedent thought for one second they'd shoot him if he attempted to disarm one of them he'd would have taken off for the tall grass. Anyone in that situation, people with guns out, not in the hood, would have said, call the cops, be my guest, I'll wait right here. Not charge armed people. You'd have to be a lunatic or very desperate to charge an armed person like he did.
There would be a crime that cover that, but maybe not rape itself if he did not penetrate her. There is assault, forcible confinement, and other things.
What was the crime that Avery would have faced with just having entered a premise unlawfully and walking out without doing anything?
The most that would have happened to Avery is a warning by the cops, unless he had warrants for other crimes.
It wasn’t a situation to be a hero over.
You may find info at the link interesting. Then again, maybe not.
Different States have different rules when it comes to rap sheets. They are not available online at a click. California for example says:
"Otherwise, a rap sheet is confidential and can only be viewed by a limited group of people. Some of these include:
police officers, judges, prosecutors and defense attorneys (for purposes of criminal cases), law enforcement agencies / criminal justice agencies (for job applications), and state and county governments (for job applications)."
In other States, copies of rap sheets have to be officially requested, and a fee is charged to get a copy, but they are not, as far as I can tell, available to just anyone through a website link.
“Do you think those booking reports are criminal histories? Since you seem to think they are, could you tell me how many times that first guy had been arrested? Convicted? Or found not guilty? In my state, they are so confidential, if a cop accesses a criminal history without an official reason to do so, he has committed a misdemeanor.”
Answer: No, but the question was are arrest records considered not public information. The fact that the sheriff’s department posts them online proves they are not.
I could go to the courthouse and pull someone’s criminal history. I could also pull the court records for adjudication.
Here are two states laws on criminal records:
Who Can Access Criminal Court Records?
Florida’s Sunshine law establishes broad access to public court records for every citizen, except where prevented by law, statute or court order. Almost any adult can view or request official copies of criminal records.
Missouri: Where Can I Access Public Criminal Court Records in Missouri?
Interested record seekers can access public criminal court records in Missouri by contacting the clerk of the court overseeing the criminal case record. In Missouri, the Clerk of the Circuit Court is the custodian of court records, including criminal records.
These are two examples; a quick internet search indicates that pretty much all states have the same rules. I know it’s against the law for a police officer to run a check on a person for no reason, I do not know why given the above. Have you noticed that when someone is involved in an incident, like the guys Kyle shot or the guy who ran over all those people the other day, their “rap sheets” are almost immediately available online?
So, where am I wrong?
Are court records and rap sheets one and the same?
“but they are not, as far as I can tell, available to just anyone through a website link.”
I never made that claim. I said there are websites that claim they will run criminal background checks for a fee.
Btw, to be clear, these people apparently should have known better than get get directly involved over some guy poking around a home construction site. They should have hung way back, followed at a distance if they felt it was necessary, and just called the cops.
That being said, the jogger running towards the gunman and then attacking and attempting to disarm a man holding a gun is not a reasonable, expected or a normal response to people obviously suspecting you of something, and wanting you to stay put for the cops. What would you do if someone suspected you of shoplifting at bozomart? Attack them?
“They” didn’t pull a gun. The MacMichaels boy had the weapon and shot the thug when he tried to get the gun. Thug was a thieving troublemaker. The cops had been called and were on their way when the thief tried to run. He was convicted because the jury didn’t want Georgia burned to a crisp.
The kid was running.
Yes he was and he changed direction at the front of the vehicle, and ran directly at a person holding a gun, then attacked and attempted to disarm that person. It's all on the video.
Attempt to commit a crime is a crime and is codified. Have you ever heard of “attempted murder?” “Attempted robbery…”
You quoted my comment when you first replied: “People’s rap sheets are not readily available to the public.”
You replied: Yep, criminal records are top secret. That’s why you can click on this link and see everybody in the Mobile County Jail (Alabama) and their charges.
Then you provided a link to a county jail, which showed pictures of perps, and their charges. I assumed you believed that link showed their rap sheet/criminal record. It did not. It only showed their most recent arrest charge.
“Are court records and rap sheets one and the same?”
No. But my point is that all the information on a rap sheet is publicly available through records checks for arrests and court records for dispositions and adjudications. All publicly available.
“I don’t see how that is relevant to the case. It did not cause the defendants to suspect the man they killed. All that is relevant is why they chased him down, attempted to detain him, and why they shot him.“
Only one man was trying to stop him from fleeing. Travis McMichael. Only one man shot him. Travis McMichaels, and he was trying to keep him from getting the shotgun and maybe killing him. Cops were on the way when the deceased took off. He knew he was guilty. He was not a saint and was well-known in the area.
“Yes he was and he changed direction at the front of the vehicle, and ran directly at a person holding a gun, then attacked and attempted to disarm that person. It’s all on the video.”
Running isn’t a crime, it’s actually encouraged behavior. Cardio and all that. I hate it personally, but to each their own.
Changing direction when confronted by a yahoo with a shotgun yelling demands is also not a crime. It’s probably a good damn idea.
The dude carrying the gun has no authority that the ‘runner’ would have to comply with. He is a direct threat to his safety and life.
Would you, when confronted by armed people under these circumstances just get on your knees, plead for mercy and hope for the best?
No winners on this one.
For example, in my state the penal code states:
“664.
Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:”
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