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I'm still reeling, though, that in Georgia walking into someone's home uninvited, and hanging out there, is not a crime.
I almost can't believe that.
Well if you are going to go there, he was not the only person who did that in the home in question. Why didn't those other people who did the same thing receive the same fate? What right do these people, who have nothing to do with that house, to determine that he should be shot over something that has nothing to do with them??
Chasing someone for four minutes, trying to cut and block him, then getting out with a gun to confront him, is threatening.
It was longer than 4 minutes. They had blocked him off and he had changed direction before this video clip that we can see starts. The McMichaels stated that to police.
I'm still reeling, though, that in Georgia walking into someone's home uninvited, and hanging out there, is not a crime.
I almost can't believe that.
It is a crime. It's misdemeanor trespassing, at least. But it's not something the police are going to rouse themselves to drive across town and make an arrest for. Nor does Georgia law allow a citizen to chase someone down and make an arrest for it who didn't even directly see it happen.
But, technically, it's a crime. Just not one worth doing anything about unless you're standing right there.
It gives the excuse makers something to feel good about. That they are standing up against racism when it's just an act. As if events like this are the problem or even a problem. What happened is insignificant but the excuse makers need something to distract from the fact that blacks are dying at a much higher rate than others and that most of those deaths are caused by other blacks. Pointing out facts like that is considered racist by the excuse makers.
That is a bit of a straw argument. What ignited this was the perceived attempt to sweep it under the rug. Had the McMichaels been black and shot Arbery they would have likely been investigated like Arbery was a victim. There was nothing right about how the initial investigation handled it, to include lying to Arbery's family.
The McMichaels were pretty much home free. Then one of the 3 chasers, posted the video. WE need to look at the whole picture. This didn't happen in liberalville USA. It happened in a state with some history. It wasn't that long ago that chasing blacks and lynching them was a fact of life. Of course it looks bad when the police are caught soft shoeing an investigation. McMichaels was one of them. The DA and McMichaels worked in the same offices. This is why I believe all cop related shootings need to be investigated by a neutral party. The perception is based upon fact. Cops take care of their own.
Do blacks have just cause to be suspicious? Given how they have been treated including not so long ago? Yes they do.
Pointing the gun at someone and threatening to shoot them, but not shooting them, satisfies the elements of aggravated assault.
Pointing a gun at someone without just cause, shooting them and horribly wounding them also satisfies the elements of Aggravated Assault.
In Georgia.
I feel like we're playing "Who's on First?" . This is so confusing.
No legally assault is the threat and intent to harm not the harm itself. That harm itself is called battery.
When the news reports an assault and somebody gets punched, legally the punch itself is not assault its battery , the full crime is assault and battery. And when just the threat is made assault only
go directly to the law in google
assault Georgia law
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murder is when an intentional battery results in death
In Georgia they have a second type of murder "Felony murder". That means if you are committing any type of felony and due to the result of your actions someone dies intentionally or not you are guilty of "felony murder"
The charge "murder" is also a felony level offence but "felony murder" is a death that occurs during some other felony.
But not all assaults are felonies and if they aren't the "felony murder" charge can't be added if the death was an accident.
It is a crime. It's misdemeanor trespassing, at least. But it's not something the police are going to rouse themselves to drive across town and make an arrest for. Nor does Georgia law allow a citizen to chase someone down and make an arrest for it who didn't even directly see it happen.
But, technically, it's a crime. Just not one worth doing anything about unless you're standing right there.
I mean, apparently not in GA unless you have no trespassing signs posted. According to the statute and every attorney website on the matter.
If you can find something that says otherwise, feel free to post it.
No ones saying that but you. It's a dishonest comment.
Talk about a repulsive dishonest post
I can't wait for you to quit making things up.
I have the truth on my side because I care about it, I don't need luck.
You claim that detaining someone at gun point on the street is self defense, the truth is not on your side. The original prosecutor should be fired or worse for his obvious partisanship to protect a police officer. I have to wonder if ever used that legal explanation on other cases or just this one time. Shooting someone you chased down and killed and it’s self defense. Please give me another example.
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Quote:
Originally Posted by Beliciano
Well if you are going to go there, he was not the only person who did that in the home in question. Why didn't those other people who did the same thing receive the same fate? What right do these people, who have nothing to do with that house, to determine that he should be shot over something that has nothing to do with them??
When I disagree with the Georgia trespass law, I'm not limiting my surprise to this one case, but I'm posting it here because the law came up here.
If you come home to your house in Georgia, and find a man sitting on your couch, or sleeping in your bed, or a couple sleeping in your bed, they have committed no crime until you ask him to leave and they refuse to.
I'm still reeling, though, that in Georgia walking into someone's home uninvited, and hanging out there, is not a crime.
I almost can't believe that.
I think you need to define house vs home. There is a difference.
A house under construction? That is a norm . People come to look. Especially if it is in a development in progress. Why? Because people are curious. Is this what my house will look like? How are these contractors compared to mine? Are these contractors good? If so maybe I'll hire them. Ideas what to do in your own house that you intend to build.
It isn't like he walked into an occupied dwelling, or even a house that was locked up. Believe it or not it is normal for houses to get visits by people who are simply curious. When I was building my house abroad, I walked through a dozen houses at various stages of completion. Their standards and methods over here are far different than what I experienced in the states.
What isn't normal is to be chased by people in vehicles and have them jump out with guns drawn because you visited a job site. I did construction in Florida and that didn't happen there. Zimmerman and McMichaels types are the rarity.
I mean, apparently not in GA unless you have no trespassing signs posted. According to the statute and every attorney website on the matter.
If you can find something that says otherwise, feel free to post it.
Texas too. So if our gates didn't have no trespassing signs, someone could just walk into my condo and sit down w/o consequence until I tell them to leave and they don't.
Or like Clara said, I could come home to find them in my bed and that is no problem. (If my door were unlocked. Locked would be a different story. Lock your doors, lol)
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