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KLAMarine said:
JWeinCom said:

Complete strangers drive after you.  You turn around to go the other way, and another car drives to block you.  You run the other way, and they drive around and intercept you.   The car then pulls up next to you, and a man gets out with a shotgun.  The person who was chasing you has a tool that he could use to end your life immediately.  You don't consider that reasonable grounds to be afraid?  Does he have to assume these people who are chasing him for reasons he probably doesn't understand are calm reasonable people?  How does he know they're not crazy?

When he was approached by gunmen in the car, his first reaction was in fact to run away.  When he did so, they kept pursuing him.  Regardless, what you would personally do is irrelevant.  If there was reasonable grounds to believe he was in danger, he was legally entitled to try and defend himself. Whether he may have been better off trying another tactic is irrelevant in regards to whether or not the killer's actions were justified. Seems like you're closely scrutinizing whether the victim, who mind you was simply jogging, was acting reasonably, yet you're not putting any scrutiny on the killers.  Why aren't you in the least bit second guessing what they did?  Why is it "if I were confronted by a gunman..." instead of "well if I was driving and saw a jogger who I thought maybe fit a vague description of a person who was accused of tresspassing..."?  Whose actions were more unreasonable?

It is not noteworthy that the gunmen doesn't discharged the gun until there is a struggle.  He wasn't charged with first degree murder, which would imply that he specifically set out with the intent to kill him.  What he was charged with was felony murder.  In the process of committing an unlawful act, aggravated assault, a person was killed.  You are not allowed to chase someone around while armed with a deadly weapon.  In events like this, we hold the person committing the felony as responsible for causing the death. Because it makes more sense that the person who is actually committing an illegal act should be held responsible for its consequences rather than the person reacting.  

Again I have to ask.  A person was followed by a car and was told to stop.  Despite trying to flee from the situation he was still pursued.  Then a man got out of the car with a gun.

In this situation, what rules are you suggesting?  What do I have to do as the victim?  What do I have to wait for before I could defend myself?  Should I have When should the gunman have a legal right to shoot me without legal repercussions?  

As the victim, you keep calm and don't try to go hero mode when the odds are clearly stacked against you. Fast food workers are trained that during a robbery, they should comply with the robber's orders and not try to go hero mode. You give the robber what he's after, money, and shut the hell up! Let the robber know you don't plan to resist and hand over what the robber wants.

https://dps.usc.edu/safety-tips/suspicious-activity/robbery/

In this case, sounds like the gunmen were after answers if they did indeed ask Arbery to stop and that they wanted to talk to him.

Arbery was having none of it and had to run a considerable distance before he could get a chance to struggle for the gun. If I'm that far away from a gunman, I'm not gonna charge for the gunman because the gunman could at any point turn the gun on me. Not to mention that I'm outnumbered.

So... if a robber shows up in your store and tries to rob you, and you try to disarm them and gets shot, the robber should not be charged with any crime?  The rule you're suggesting is that when someone has a gun they get to do what they like without criminal repercussions?



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RolStoppable said:
Runa216 said:
This is why KLAMarine is on my 'list of people who's posts are so consistently wrong that I just don't bother reading them anymore'. I just tried reading a few of their responses to SpokenTruth and....yeah, completely unwilling to put in the effort needed to actually keep up the discussion.

You must have a pretty long list.

Naw, it's only 4 or 5 names long. And hey! You're on it!



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KLAMarine said:
Runa216 said:
This is why KLAMarine is on my 'list of people who's posts are so consistently wrong that I just don't bother reading them anymore'. I just tried reading a few of their responses to SpokenTruth and....yeah, completely unwilling to put in the effort needed to actually keep up the discussion.

Feel free to explain how I'm wrong at your earliest convenience.

I could, but everything I've read from you gives me the impression that you'll make up some long-winded rant about what I say, completely disregarding or resorting to hilarious logical fallacies to prove your point. Again, you're so far away from reality that it's genuinely not worth my time to put in the point-by-point breakdown that SpokenTruth and others have already done. 

I might as well be playing dodge ball with Flat-earthers where each ball is a globe for all the good it'd do either of us.

I've seen plenty of people who actually care about logic, rationality, and maturity in this very heated, very serious discussion. you are not one of them. 



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RolStoppable said:
sundin13 said:

(...)

Actually, for everyone's benefit, I'll just list out what I believe to be the relevant legal questions (If anyone has anything more, feel free to chime in):

1) Were the actors legally allowed to arrest Arbery?

2) Was Arbery legally allowed to act in self-defense?

3) Was the shooter legally allowed to act in self-defense?

1) I'd say yes. From what I've read, there were enough grounds for legitimate suspicion.

2) No. The guy with the gun hadn't fired a shot yet. At the time Arbery began to act in "self-defense", it was not clear yet if the guy with the gun had an actual intention to use his gun.

3) Yes, because of 2.

Oh, you.



As an aside and not in response to any one person: I think a lot of you need to understand that there's a difference between not responding becuase a person doesn't have an argument and not responding becuase they realize it would be a waste of everyone's time.

I rarely respond to this thread despite having a lot to say because I've come to realize that I'm not dealing with people who have any interest in mature or rational discourse. this thread, for the most part, is just a battleground for people on either side of any topic that comes up to push their agendas and feel special by 'owning the libs' or 'owning the rednecks' or whatever.

there are a handful of people who are nonpartisan or are willing to concede some points or actually put the effort in to give real and tangible proof to back their claims, but without exception the rest of the discussion devolves into garbage arguments and piss-poor logic or just outright disregards the very real evidence.

Like I said above, I might as well be playing needle-darts with a non-vaxxer for all the good it'd do to actually actively participate in the 'debate' (which is really more of a shouting match) in this thread. I will continue to read and occasionally pop my head in, but for the most part I've accepted that no amount of time, effort, or proof will be enough to make even the slightest of dents in anyone's opinion on the matter. I salute SpokenTruth and others for their sacrifices to the cause, but I'd rather mostly remain an audience or bystander.

Inb4 someone argues that this is just me giving up despite me explaining in far more detail than I should why I would rather not sacrifice my time or sanity for this thread.



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sundin13 said:
KLAMarine said:

As the victim, you keep calm and don't try to go hero mode when the odds are clearly stacked against you. Fast food workers are trained that during a robbery, they should comply with the robber's orders and not try to go hero mode. You give the robber what he's after, money, and shut the hell up! Let the robber know you don't plan to resist and hand over what the robber wants.

https://dps.usc.edu/safety-tips/suspicious-activity/robbery/

In this case, sounds like the gunmen were after answers if they did indeed ask Arbery to stop and that they wanted to talk to him.

Arbery was having none of it and had to run a considerable distance before he could get a chance to struggle for the gun. If I'm that far away from a gunman, I'm not gonna charge for the gunman because the gunman could at any point turn the gun on me. Not to mention that I'm outnumbered.

How you feel the victim should have been acting is entirely irrelevant. The relevant question is "Was Arbery legally allowed to act in self defense", and I don't think there is any argument against this. If there is, you certainly haven't presented it. If a fast food worker feels they are in danger and tries to grab the gun that the robber is pointing at them, the robber isn't suddenly legally allowed to shoot the worker.

What you think is best practice for victims is entirely irrelevant to the legal questions at hand...

Actually, for everyone's benefit, I'll just list out what I believe to be the relevant legal questions (If anyone has anything more, feel free to chime in):

1) Were the actors legally allowed to arrest Arbery?

2) Was Arbery legally allowed to act in self-defense?

3) Was the shooter legally allowed to act in self-defense?

Actually, questions 1 and 2 are irrelevant.

Whether or not they had a right to arrest him, they are still required to exercise this legal right in such a way that will not create an undue risk of harm.  They are also not allowed to commit other crimes in their attempt to arrest him, for instance aggravated assault as they're being charged with.  Even if they had the right to make a citizen's arrest, whether they are allowed to chase him in a car or pull a weapon is debateable.

It really doesn't matter whether Arbery was allowed to act in self defense.  If someone does something that causes you to fear for your life, you are allowed to shoot him.  Even if what they were doing is legal.  Conversely, if someone is doing something illegal, you are not allowed to shoot them unless that illegal act makes you fear for your life.  The victim's state of mind is irrelevant.  

3 is really the only question that matters.  If they acted in such a way that was either illegal, of that was reckless and created a substantial risk of injury, they cannot invoke self defense.  Seems pretty clear they did.  Unless we suggest that people are allowed to chase people around with loaded weapons based on hearsay evidence of a non-violent crime.



RolStoppable said:
sundin13 said:

(...)

Actually, for everyone's benefit, I'll just list out what I believe to be the relevant legal questions (If anyone has anything more, feel free to chime in):

1) Were the actors legally allowed to arrest Arbery?

2) Was Arbery legally allowed to act in self-defense?

3) Was the shooter legally allowed to act in self-defense?

1) I'd say yes. From what I've read, there were enough grounds for legitimate suspicion.

2) No. The guy with the gun hadn't fired a shot yet. At the time Arbery began to act in "self-defense", it was not clear yet if the guy with the gun had an actual intention to use his gun.

3) Yes, because of 2.

Oh boy, I sure hope all of that was sarcasm.



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vivster said:
RolStoppable said:

1) I'd say yes. From what I've read, there were enough grounds for legitimate suspicion.

2) No. The guy with the gun hadn't fired a shot yet. At the time Arbery began to act in "self-defense", it was not clear yet if the guy with the gun had an actual intention to use his gun.

3) Yes, because of 2.

Oh boy, I sure hope all of that was sarcasm.

Exactly the sort of thing that made me stop taking their posts seriously. Clearly either a troll or too far removed from reality to care. Either way, not a person I want to interact with. 



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JWeinCom said:
sundin13 said:

How you feel the victim should have been acting is entirely irrelevant. The relevant question is "Was Arbery legally allowed to act in self defense", and I don't think there is any argument against this. If there is, you certainly haven't presented it. If a fast food worker feels they are in danger and tries to grab the gun that the robber is pointing at them, the robber isn't suddenly legally allowed to shoot the worker.

What you think is best practice for victims is entirely irrelevant to the legal questions at hand...

Actually, for everyone's benefit, I'll just list out what I believe to be the relevant legal questions (If anyone has anything more, feel free to chime in):

1) Were the actors legally allowed to arrest Arbery?

2) Was Arbery legally allowed to act in self-defense?

3) Was the shooter legally allowed to act in self-defense?

Actually, questions 1 and 2 are irrelevant.

Whether or not they had a right to arrest him, they are still required to exercise this legal right in such a way that will not create an undue risk of harm.  They are also not allowed to commit other crimes in their attempt to arrest him, for instance aggravated assault as they're being charged with.  Even if they had the right to make a citizen's arrest, whether they are allowed to chase him in a car or pull a weapon is debateable.

It really doesn't matter whether Arbery was allowed to act in self defense.  If someone does something that causes you to fear for your life, you are allowed to shoot him.  Even if what they were doing is legal.  Conversely, if someone is doing something illegal, you are not allowed to shoot them unless that illegal act makes you fear for your life.  The victim's state of mind is irrelevant.  

3 is really the only question that matters.  If they acted in such a way that was either illegal, of that was reckless and created a substantial risk of injury, they cannot invoke self defense.  Seems pretty clear they did.  Unless we suggest that people are allowed to chase people around with loaded weapons based on hearsay evidence of a non-violent crime.

I think you are partially right about question 1, but I do think I was hinting at a legally relevant question even though I didn't express it well. A better wording would be something like "Did the actors have a legal right to arrest Arbery, and perform all of their subsequent actions including the chase and brandishing of weapons". I'm not really sure how to word it cleanly. That said, it is essentially an offshoot of question two in that the legality of the shooters actions plays into the question of whether Arbery was justified in acting in self defense.

Similarly, I also believe the second question is relevant in what it says about the third question. It is all a bit of a nesting egg situation, where the final question is the fundamental one, but the preceding two help to answer it. And the second question is important, because if the victim is legally justified in using self defense, it essentially brands the shooter as the aggressor. If the victim is not legally allowed to act in self-defense, this bolsters the shooters claim to self-defense. If the shooter is considered the aggressor, he has additional responsibilities before he is able to act in self defense himself.

To restate the questions at hand:

Primary Question:
Was the shooter legally acting in self defense?

Sub Questions (to aid in the determination of the primary question):
Did the actors have a legal right to arrest Arbery and perform all of their subsequent actions including the chase and brandishing of weapons?
Was Arbery legally allowed to act in self-defense?

And I also want to bring in some Georgian criminal statutes:

Simple Assault:

(a) A person commits the offense of simple assault when he or she either:
   (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Aggravated Assault:
(a) A person commits the offense of aggravated assault when he or she assaults:
   (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.
Self Defense:
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
   (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
   (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
I believe that the shooter would have been guilty of Aggravated Assault in this instance (before the shooting), by "committing an act which places another in reasonable apprehension of immediately receiving a violent injury", "with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. As such, he is unable to claim self defense, both because he was in the commission of a felony (aggravated assault is a felony), and because his actions placed him in the role of the aggressor and he was not able to withdraw before lethal force was utilized.
EDIT: For some reason my formatting broke at the end of the post and it won't let me fix it. Anyways, I believe you could also argue that the shooter could be guilty of attempted false imprisonment if one felony isn't enough for you:
False Imprisonment:
(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.
Criminal attempt:
a) A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.
Last edited by sundin13 - on 15 May 2020

RolStoppable said:

The problem in the current discussion is all the reverse racism that makes people side with the black guy by default.

Maybe we should just move on to another topic and call this one a tie, because I am feeling generous.

Literally nobody is doing that. You just assume that's the case becuase, as usual, that's your narrative. You don't WANT to believe systemic racism is an issue so you disregard any evidence of it while justifying it where you can't. This is a pretty clear example of improper handling of a potentially dangerous situation and yet you still have people bending over backwards to justify why shooting this man was appropriate while acting like his race was only relevant to the opposition (To you, they're using it as a defense, while disregarding the potential notion that the cop was using it as an excuse to shoot). you can't just assume one or the other. That's a pretty perfect example of 'moving the goalposts' in regards to your use of a logical fallacy. 

You can't say that Libs or Democrats or hippies or whatever are using 'he's black' as an excuse to justify the man's behaviour while also completely disregarding the potentially very real excuse of 'he's black' as the reason he was shot. THAT is why systemic racism IS such a pervasive problem in America. People like you being disingenuous in order to justify racism by reversing what other people say into an argument for your side. 



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