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The issue of citizens arrest is a hot topic in the news given the Aurbrey trial and conviction of three individuals for murder. A critical component in deciding this case and the recent Rittenhouse case is determining who is the aggressor. In the Aubrey trial it was decided the defendants were not covered by the Georgia civilian arrest statute and were the aggressors and did not have a legal self-defense claim.

Since the Aubrey incident Georgia has dropped its citizens arrest statute for anyone other than merchants. This means if you live in Georgia, someone breaks into your home, damages property, assaults an individual and flees you can't do anything to stop them from escaping. You can use physical force to stop the theft or stop the assault but if the thief drops the property or ends the assault you cannot prevent them from fleeing (hold them for police).

I think the Georgia legislature went to far in trying to rectify the lack of clarity in their original civilian arrest statute. Thoughts?
 

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The issue of citizens arrest is a hot topic in the news given the Aurbrey trial and conviction of three individuals for murder. A critical component in deciding this case and the recent Rittenhouse case is determining who is the aggressor. In the Aubrey trial it was decided the defendants were not covered by the Georgia civilian arrest statute and were the aggressors and did not have a legal self-defense claim.

Since the Aubrey incident Georgia has dropped its citizens arrest statute for anyone other than merchants. This means if you live in Georgia, someone breaks into your home, damages property, assaults an individual and flees you can't do anything to stop them from escaping. You can use physical force to stop the theft or stop the assault but if the thief drops the property or ends the assault you cannot prevent them from fleeing (hold them for police).

I think the Georgia legislature went to far in trying to rectify the lack of clarity in their original civilian arrest statute. Thoughts?
I guess every thug who breaks in someones house will somehow wind up with a knife in their hand when they are found shot then.
 
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