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Georgia to Become the First State to Felonize Citizen's Arrest

She says she does not know a DA that would charge under that limited circumstance. She says that if one were to torture the detainee or other wise unnecessarily assault, that charges may be pursued. She also says even as the law now reads she could charge one for a multitude of offenses depending on the circumstances. She said she charged a guy and got a conviction for false imprisonment after he held some forks in a store that was in the process of being robbed because he wasn't sure who else was involved with the robbery so he held everyone until the cops arrived.

she says if I got time for all this that her car really needs to be washed and can I please go wash it instead of playing on the phone. Geez thanks a lot.

LOL! Hope the car is clean.

I am not comforted by her claim that - even though false imprisonment is a felony crime committed for detaining a criminal - that she does not personally know any District Attorney who would prosecute.

There are a number of things to consider. First, the elements of the crime are met if you detain a criminal without legal authority. Period. Second, District Attorneys are all different sorts of persons, and some are pure political animals. You cannot compare, for example, my DA, Herb Cranford, to the former DA, Paul Howard. Third, politics and race and news coverage might force the hand of an otherwise reasonable DA. When riots and protests ensue, and you are the wrong color, you just might find yourself indicted. Fourth, over time, it will become more accepted, because it is a long-standing law. "Good people" do not break the law, which means they do not detain criminals, even briefly. Twenty years from now your good wife may know LOTS of DAs who are willing to prosecute.


Here is the crime, OCGA 16-5-41, and it has a penalty of 10 years in prison.


(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.


The word detains does not require much on your part to violate it. It means to impede another person's progress. Today you are covered by the "legal authority" of OCGA 17-4-60, 61, and 62. By this summer, you will have no defense to the charge of false imprisonment whatsoever.
 
Three rednecks ambush and murder an unarmed jogger......yeah I am thinking they should felonize a citizen's arrest and not because they are f n embarrassed but because it is the right thing to do.

We don't repeal good laws because some persons who did not follow the law committed horrendous crimes.
 
Keep living in your fantasy world. You know he wasn't 'jogging'. Dude rushed an armed individual and tried to wrestle the gun from him. It's in crystal clear video for anyone who cares to see. Should those guys have been attempting a citizen's arrest, probably not. The right thing to do would have been to stand there and wait for the cops if he was innocent. Also be sure to look for videos of Arbery's previous encounters with police to see the kind of great guy he was. The father/son are going to walk(from the murder charge at least).

He certainly was jogging, and there is plenty of evidence that he was a regular jogger.

Yes, he rushed an armed individual after trying to escape unsuccessfully several times. I would have defended myself as well (except when I exercise, I am armed, so they would have taken bullets). I guess that's probably ok in your eyes, though, because I am white and a "great guy," right?

You do not loose the right to self defense because you are black. You do not lose the right to self defense because BasedPatriot thinks this "uppity" black male was also not a "great guy."

If you are unjustly attacking a black man with a gun, no, you do not get to shoot him and escape justice by invoking magic words like, "He rushed me."

The McMichael father/son team were the aggressors. Ahmed Arbery was the victim of their crime. He was legally entitled to "rush an armed individual and try to wrestle the gun from him." It is called self defense, or, in plain English, fighting for your life after fleeing failed multiple times.

You start your post with "fantasy world," and end it with pure delusion. The McMichael father and son are going to prison for a long, long time.

And guess what? We do not need to repeal the citizen's arrest laws to send these murderers to prison.
 
A majority of ODT and hundreds of other gun forums know whats going on and yet nothing is happening. Thats the problem.
Disturbing, isn't it?

Just look at this thread with all of the praise for repealing the only laws that allow one to detain a criminal.

By this summer, you will be committing a crime if you detain a criminal even for two minutes awaiting the police. Maybe you can get away with it by not being charged, maybe not.

False imprisonment 10 years

Use a pistol? Agg assault. 20 years.

Move the criminal, even slightly? Kidnapping, 20 years, unless the criminal is injured, then it's life in prison.
 
Her opinion is that you are covered under the justification clauses listed in code 16( she is a retired district attorney) and if you watch the video that someone else posted, you can see where the argument was made if some escaped (ran) from the scene after committing a violent felony the escape would be a continuation of that violent felony. I didn't ask her to go back and watch the video, I don't need any more stuff to do around here. She'll be wanting me to clean out the dang gutters or something. Just for the record I'm opposed to repealing the self-defense law. I'm just stating it isn't as cut and dry or as bad as everyone is saying
What did you think of the attorney arguing against HB 479? Ed Stone I think was his name.
 
Why would you be detaining someone when you feared for your life? :noidea:

An animal is most dangerous when in fear. My reaction to fear is pure violence, it’s a reflex and nothing more. Wake me up at night and you stand a good chance of being hospitalized. I’m told I fight people in my sleep.
 
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