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Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Thursday September 08, 2022 @11:34PM (#32775004)
Yes, what could possibly go wrong giving private citizens the right to detain other private citizens

https://www.nytimes.com/article/ahmaud-arbery-shooting-georg...

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by atdrummond on Thursday September 08, 2022 @11:34PM (#32775012)
Not what happened here at all.
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Thursday September 08, 2022 @11:41PM (#32775051)
> If you witness a crime you can arrest the criminal

He did not say “if you witness a crime you can call the police”. I don’t want a society where any random yokel thinks he can detain someone.

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by happyopossum on Friday September 09, 2022 @12:26AM (#32775284)
Hate to break it to you, but that society has existed for centuries - it’s an accepted rule in most common-law countries.

For example, from Wikipedia:

“In the United States, a private person may arrest another without a warrant for a crime occurring in their presence. However, the crimes for which this is permitted vary by state.”

[1] https://en.m.wikipedia.org/wiki/Citizen%27s_arrest

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by mpweiher on Friday September 09, 2022 @01:01AM (#32775494)
Then you will have to essentially leave the civilised world:

https://en.wikipedia.org/wiki/Citizen's_arrest#United_States

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Friday September 09, 2022 @09:11AM (#32778754)
Georgia just outlawed that practice after the very yokels who tried to make a citizens arrest because someone committed a crime of “looking like they don’t belong”
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by miles on Friday September 09, 2022 @10:51PM (#32787261)
>> https://en.wikipedia.org/wiki/Citizen's_arrest#United_States

> Georgia just outlawed that practice

Not exactly; they clarified the circumstances under which a citizen's arrest can be made[0], "including shopkeepers who witness shoplifters and restaurant owners and employees who witness 'dine and dash' customers."

[0] https://www.npr.org/2021/05/11/995835333/in-ahmaud-arberys-n...

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by krzyk on Friday September 09, 2022 @12:23AM (#32775267)
You can't argue with the law.
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Friday September 09, 2022 @09:14AM (#32778786)
The old Dixiecrats said the same thing about Jim Crow laws, laws against miscegenation, etc.

But that law was in fact “argued against” in the very red Georgia and it was repealed by a Republican legislation and Republican governor

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by kevin_thibedeau on Thursday September 08, 2022 @11:39PM (#32775041)
The only reason police can detain people is because they are citizens. They don't have any special status that other Americans don't enjoy.
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by SpelingBeeChamp on Friday September 09, 2022 @01:55AM (#32775768)
That is false. The police can detain people on reasonable suspicion. You cannot legally conduct a Terry stop if you are not a police officer.
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Thursday September 08, 2022 @11:45PM (#32775076)
https://www.lawfareblog.com/what-qualified-immunity-and-what...

You really think any random person can detain someone? Do you also think you can force someone to stop for speeding? You can arrest someone for smoking weed as an ordinary citizen?

Do you think you can sleep with a prostitute and then arrest them?

https://www.detroitnews.com/story/news/politics/2017/03/20/c...

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by btilly on Thursday September 08, 2022 @11:55PM (#32775126)
A police officer has better legal protections, and in practice can get away with a lot more.

But in theory, what they are supposed to be able to do is surprisingly similar.

On detaining a random person, quoting https://www.law.cornell.edu/wex/citizen%27s_arrest, In general, the ability to perform a citizen’s arrest is the same for a regular person as it is for a police officer without a warrant.

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Friday September 09, 2022 @12:12AM (#32775207)
So let’s say that I was going 80 miles per hour in a 55. I stopped at the gas station and you tried to detain me when I got out of the car. Let’s also say I have a licensed firearm. Also let’s say it was caught on camera that I was minding my business pumping my gas when you tried to detain me. How do you think that’s going to end up both right then and in a court of law?

This is completely hypothetical, I don’t own a gun.

But, because of the incident I posted. Even the very red GA and the Republican governor thought that it might not be a good idea to let any random yokel detain someone

https://apnews.com/article/ahmaud-arbery-georgia-arrests-gov...

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by happyopossum on Friday September 09, 2022 @12:20AM (#32775256)
Driving 80 in a 55 isn’t an arrestable offense, so a Citizens Arrest wouldn’t really be appropriate would it?
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Friday September 09, 2022 @03:00AM (#32776156)
Let’s say 85 in a 55 then that could qualify as reckless driving.
Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by ncallaway on Friday September 09, 2022 @12:21AM (#32775262)
Qualified Immunity would have a large word with you.

If an Officer makes a wrongful arrest in the line of duty, Qualified Immunity will go a long way to shielding them, whereas a citizen without Qualified Immunity would be subject to wrongful arrest lawsuits and kidnapping charges.

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by pc86 on Friday September 09, 2022 @12:27AM (#32775295)
This is an excellent argument for getting rid of qualified immunity, but not a very good argument against citizens' right to detain those they see committing crimes.

I don't think there's much chance the cashier here grabbed the wrong person.

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by ncallaway on Friday September 09, 2022 @02:27AM (#32775944)
I was responding to this statement: “They don't have any special status that other Americans don't enjoy.”

That’s false, for the reasons I’ve outlined. The courts have created a specific special legal status that applies to police, but not to ordinary people.

Re:After a Legal Fight, Oberlin Says It Will Pay $36.59M to ... by scarface74 on Friday September 09, 2022 @09:10AM (#32778742)
So you would rather give more people the right to take away your freedom?