Wrongful/False Arrest?

[Logical Heretic]

Stand your ground is not limited to your own property. The only assumption is the one you are making about the law.

"More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from any location. " The important part is some states.

Unfortunately not all states with castle doctrines or stand your ground laws does the protection from prosecution extend beyond your home. Maybe someone that actually knows. i.e. not you, can correct me but I dont believe you can even stand your ground if your in your front yard unless it includes the verbiage about any place your are allowed to be. Montana and Alaska for instance do not allow stand your ground outside of your dwelling(goodness that took 1 minute to google). If your gonna be condescending at least be right.

 

[CdwJava]

Of course, NONE of this has anything to do with any "castle doctrine" ... so, why are we flogging this deceased equine?

 

[Logical Heretic]

I was curious wether or not the cousin could be charged with assault for chasing the op, who was off property, with a baseball bat. Then someone said it was standing your ground. In this case I dont believe it was if the cousin had to cross the street to threaten the op. If the op was unarmed and hiding in the weeds, stalking or no, would the cousin be guilty of assault? Is GA one of them states you can file warrants on other persons?

Some equines are worth beating. Dead or not. P.I.s are spensive and Im curious about the legalities of surveillance on non custodial parents.

BTW op, if I didnt say it. The police likely met the requirements for arresting you. I wish you well in court as it seems you were likely righteous in your endeavor. Just because you may be right, or that you would do it again in a heartbeat, does not always make it legal. I empathize with your plight. Truly. Fight the good fight and get a legal custody order. A p.i. might go far to prove the gf a tweaker and a possible risk the childs welfare. GL

 

[Ohiogal]

ANIMAL ABUSERS! You all should be flogged. The poor ponies!

 

[ERAUPIKE]

"More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked. Some states go a step further, removing the duty of retreat from any location. " The important part is some states.

Unfortunately not all states with castle doctrines or stand your ground laws does the protection from prosecution extend beyond your home. Maybe someone that actually knows. i.e. not you, can correct me but I dont believe you can even stand your ground if your in your front yard unless it includes the verbiage about any place your are allowed to be. Montana and Alaska for instance do not allow stand your ground outside of your dwelling(goodness that took 1 minute to google). If your gonna be condescending at least be right.

I wasn't aware that we were in a heated debate about the applications of the Castle Doctrine in the various states that have or have not ratified similar statutes. Since this discussion is limited to the Stand Your Ground Laws as they apply in the State of Georgia (the important part of the conversation), where the incident took place, then I will ask you to limit your condescending replies to ones that are actually relevant to the conversation.

My reply

Reference: Stand Your Ground Laws (State of Georgia)

applies to the statutes enacted in the State of Georgia, which clearly state that a person has no duty to retreat, regardless of their location. (As long as it is in the State of Georgia, like this incident)

If you would like to discuss the Castle Doctrine and its application in various states, start your own thread. I suggest, again this is just a suggestion, that you take a minute to actually learn something about the subject at hand before responding.

 

[Ladyback1]

I wasn't aware that we were in a heated debate about the applications of the Castle Doctrine in the various states that have or have not ratified similar statutes. Since this discussion is limited to the Stand Your Ground Laws as they apply in the State of Georgia (the important part of the conversation), where the incident took place, then I will ask you to limit your condescending replies to ones that are actually relevant to the conversation.

My reply
applies to the statutes enacted in the State of Georgia, which clearly state that a person has no duty to retreat, regardless of their location. (As long as it is in the State of Georgia, like this incident)

If you would like to discuss the Castle Doctrine and its application in various states, start your own thread. I suggest, again this is just a suggestion, that you take a minute to actually learn something about the subject at hand before responding.

*I* brought in the Castle Doctrine.
And, if you do a little more research, Castle Doctrine and Stand Your Ground are just semantics. They are just different names for the same concept!

 

[ERAUPIKE]

How did this?

I have no experience with "stand your ground"--however, The Castle Doctrine I know a little about (not much), and The Castle Doctrine can be applied pretty broadly and is rather vague ( I have seen it applied to the concept of secure in your person...)

Become this?

*I* brought in the Castle Doctrine.
And, if you do a little more research, Castle Doctrine and Stand Your Ground are just semantics. They are just different names for the same concept!

You are wrong.

Castle Doctrine refers to laws allowing one to defend their domicile, Stand Your Ground laws apply to the person no matter what their location may be. The two are synonymous but the concepts are mutually exclusive, if you did a little more research you may have known that. The Stand Your Ground laws have also been called the Shoot First, Ask Questions Later laws, but I guess your research didn't uncover that.

I haven't spoken to the semantics of the laws, just to their application. Which, if I'm not mistaken, is a little more relevant to the questions asked in the posts I have responded too. (Even to your posts which I did not respond to)

If you would like to research the applicable law and have an educated conversation about it, feel free. Until then, don't try to represent yourself as an expert on something you admitted to knowing nothing about a day ago.

 

[Logical Heretic]

Stand your ground is not limited to your own property. The only assumption is the one you are making about the law.

Seems an awful lot like your back peddling. You didnt specify georgia. Stand your ground laws also do not including crossing a street to threaten someone with a baseball bat so its not even applicable. If the op was hiding then he was not being threatening nor committing a felony. In the future I suggest if your gonna be painting with such a wide brush you should expect to get called on it.

Are stand your ground and no duty to retreat the same thing?

 

[CdwJava]

Why is that even an issue here? No one has been charged with any kind of assault, so this discussion over self defense issues is rather moot. The OP is charged with stalking, not assault, and not apparently alleging to be the victim of an assault. So, why is this even an issue?

 

[Logical Heretic]

Why is that even an issue here? No one has been charged with any kind of assault, so this discussion over self defense issues is rather moot. The OP is charged with stalking, not assault, and not apparently alleging to be the victim of an assault. So, why is this even an issue?

Playing devils advocate here but isnt stalking a form of assault if its purpose is to threaten or intimidate.

 

[CdwJava]

Playing devils advocate here but isnt stalking a form of assault if its purpose is to threaten or intimidate.

It is often classified in the UCR as "Other Assault" if memory serves, but since we are not talking about self defense here, it will never be an issue in this case. And self defense involves protecting one's self from an attack in some way and no act of self defense was alleged. So, this is a discussion without any relevance to the matter at hand.

I suppose it can continue until Mary puts a stop to it and closes this, but, really, isn't this horse decomposing and home to varieties of worms and carrion beetles by now?

 

[Logical Heretic]

I am a logical heretic. Semantics and hair splitting are my speciality.
Think "the wookie defense".
P.S. I think the cousin should be charged with assault.

 

[Ladyback1]

How did this?


Become this?


You are wrong.

Castle Doctrine refers to laws allowing one to defend their domicile, Stand Your Ground laws apply to the person no matter what their location may be. The two are synonymous but the concepts are mutually exclusive, if you did a little more research you may have known that. The Stand Your Ground laws have also been called the Shoot First, Ask Questions Later laws, but I guess your research didn't uncover that.

I haven't spoken to the semantics of the laws, just to their application. Which, if I'm not mistaken, is a little more relevant to the questions asked in the posts I have responded too. (Even to your posts which I did not respond to)

If you would like to research the applicable law and have an educated conversation about it, feel free. Until then, don't try to represent yourself as an expert on something you admitted to knowing nothing about a day ago.

*sigh* because I had never heard of the stand your ground law--I did research.

Furthermore, Castle Doctrine does not always mean in/at your domicile.
I present for your reading:
http://billingsgazette.com/news/local/crime-and-courts/article_704011c8-86ff-11de-b9f8-001cc4c03286.html]?Castle doctrine? law forces shooter?s release, prosecutor says

So, yeah---I *do* know what I'm talking about.

 

[Banned_Princess]

*sigh* because I had never heard of the stand your ground law--I did research.

Furthermore, Castle Doctrine does not always mean in/at your domicile.
I present for your reading:
http://billingsgazette.com/news/local/crime-and-courts/article_704011c8-86ff-11de-b9f8-001cc4c03286.html]?Castle doctrine? law forces shooter?s release, prosecutor says

So, yeah---I *do* know what I'm talking about.

The stand your ground law is in the public spotlight recently over the dead kid in a hoodie (whatever his name was...Trayvon m a r t i n. ) the shooter was not charged due to the stand your ground, and there are tons of information about this on google. your research skills are obviously lacking.

And you cant use a news article as a site for your oppinion. we only accept actual laws or definitions. not news articles.

 

[HighwayMan]

Talk about the pot calling the kettle black...