Still kind of bs though, using that standard means I have to tolerate known felons who have harmed me walking around in my presence and have no ability to detain them. Which is pretty much what they changed the law to. You couldn’t have convicted a cop in this case, they aren’t limited to direct or immediate witness of the felony to pursue.
New York has a citizen’s arrest. That was the whole point of the Guardian Angels.
But New York’s law is different than Georgia’s - and significantly better, in my opinion.
In New York, you can make a citizen’s arrest for any crime, as long as it was committed in your presence - and similar to Georgia, there’s a carve-out for felonies.
If the crime is a felony, you can make a citizen’s arrest, even if it wasn’t committed in your presence - but only if the individual arrested actually committed the crime.
In other words, if you arrest someone for a felony that you didn’t witness, and it turns out they didn’t do it - you can be held criminally and civilly liable.
First of all, your example is from New York - which has a citizen’s arrest law. Second, I’m not aware of a single example in which someone faced criminal repercussions from stopping a crime in progress - which, particularly in the case of a rape - is fully covered under defense of others law.
And you think that means he didn’t face repercussions? He spent 80 some odd days in jail, had his reputation destroyed and is no doubt under countless death threats.
You know that was a silly absolute right? Do you seriously think nobody has ever faced criminal repercussions for stopping a crime? Kyle faced legal repercussions and really it’s a miracle he got off given the public sentiment.