Tags: citizens arrest
Wednesday 9/19/2007
By Dae on Sep 19, 2007 | In General, Weightloss and Fitness, Sagittarius Horoscope, Relationship | Send feedback »
[Tarot.com ] It may feel like a losing battle now as you attempt to hold on to your fading optimism, but it may be the best thing you can do. If you start questioning your long-term goals, you could spiral down into despair – and this won’t lead to anything productive. Be aware of what’s going on, but don’t just look at the dark side. There is a silver lining to the rain cloud.
By Rick Levine Wednesday, September 19, 2007
Matt and I talked this morning but I’m not sure that anything was really resolved, at least for me. I did get to air all of my issues at least so maybe that’s a start. I don’t remember where I heard this but it’s true: “You gotta clean the wound before it can heal.”
Maybe at least now I can focus more on work and other things. I finally finished my Excel 2007 labs this morning. My poor eyes are so bleary and tired from crying and staring at the computer.
Rode my bike today to the pharmacy and the long way back. Yogurt for breakfast and Panda Express for lunch (left overs for dinner I guess).
Who are these morons out there with variable rate mortgage loans who are all in a panic because of interest rates going up? Is there any real reason to do this? Other than having bad credit I guess but why would you NOT lock in your rate when it’s 6% or lower?? If you don’t have a solid plan for being able to afford the higher payment, why opt for that in the first place?
Today on BTLS they were discussing the whole OJ thing and Brent brought up putting someone under citizen’s arrest. This whole concept is so ridiculous. I mean who is going to take you seriously if you try to enforce this? Does the legal system even recognize it?
Wiki says in the US:
All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are strictly liable before both the civil law and criminal law for any violation of the rights of another.
North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons.[7] These statutes apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person who they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent.
Legal and political aspects
A person who makes a citizen’s arrest could risk exposing himself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect’s civil rights are violated.
The level of responsibility that a person performing a citizen’s arrest may bear depends on the jurisdiction. For instance, in France and Germany, a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat (note, however, that at least in Germany this results from a different legal norm: “self-defense” and “aid to others in immediate danger"—which are concerned with prevention, not prosecution, of crimes).
Personal safety
The act of making an arrest may be dangerous in several senses. First and foremost is the likelihood that the arrest will be resisted, possibly with force or even a weapon. Further, the typical private person is not trained or equipped to carry out an arrest safely; even security guards who are .familiar. with citizen’s arrest may lack sufficient training. As well, many legal jurisdictions consider the citizen’s arrest to be a special case where any mistake by the arresting party may result in civil or criminal liability. Excessive force may result in criminal charges against the arresting party.
In areas where police services are available, anyone witnessing a serious crime is usually advised for their own safety to notify the police rather than attempting direct intervention. Even if intervention is attempted, the safest objective may be to scare off the assailant or criminal rather than to attempt to take them into custody. In addition, it is also advised that anyone witnessing a crime also focus on trying to remember as much detail as possible such as to the appearance of the criminal in order to supply the police with information.












