Georgia Lawmakers Look To Repeal 1863 Citizen’s Arrest Law After Arbery Killing

TOPLINE

A bipartisan group of Georgia lawmakers is pushing to repeal a citizen’s arrest law that has been on the state’s books since the Civil War, after the men accused of the vigilante-style murder of Ahmaud Arbery said they were attempting to make a citizen’s arrest of the unarmed black man.

KEY FACTS

Five state representatives—two Republicans and three Democrats—plan to hold a news conference Friday morning in Savannah where they will discuss details of legislation aimed at repealing the 1863 citizen’s arrest law.

The father-and-son pair of Travis and Gregory McMichael, who have been charged with Arbery’s Feb. 23 killing along with their neighbor William “Roddie” Bryan Jr., told police after the shooting that they believed the 25-year-old black man was involved in a string of area break-ins in Brunswick, Georgia.

Under current law, a private citizen can arrest someone if a crime is committed that the citizen has immediate knowledge of.

In addition to ending that, the proposed legislation would bar licensed private investigators from making arrests, according to a news release from the Georgia House of Representatives.

Similar citizen’s arrest laws exist in almost every state in the U.S., though criticism of the laws have been rising with claims that they are outdated and open the door to potential abuse by racial profiling.

The bill to change Georgia’s law will be filed during the next legislative session, according to the news release, which reconvenes on June 15.

CRITICAL QUOTE

“This legislation’s focus is to prevent civilians from taking the law into their own hands,” said Rep. Carl Gilliard, a Democrat who is the author of the bill. ““Our citizen’s arrest law was created in 1863, and this law is clearly outdated as it was formed in the fashion of the Wild West. When individuals lose their lives at the hands of civilians that become judge and jury, we must use the power of the pen to move Georgia forward.”

KEY BACKGROUND

Arbery’s killing and the sluggish response by local authorities to arrest anyone brought national outrage. After earlier refusing to make any arrests, local authorities finally arrested the McMichaels and charged them with murder, but it took 74 days to do so and only after a video was widely shared that showed the McMichaels chasing down and killing Arbery, who was jogging through the neighborhood. The man who recorded the video, William Roddie Bryan, was also later arrested and charged. The three men made their first court appearance Thursday, when a judge ruled that there was probable cause for the three to stand trial for murder.

TANGENT

Citizen’s arrest laws date back to medieval times, with King Edward I enacting a law allowing citizens to make arrests after a crime spree swept England in 1285.

FURTHER READING

The Citizen’s Arrest Law Cited in Arbery’s Killing Dates Back to the Civil War (The New York Times)

In Ahmaud Arbery Case, Judge Finds Probable Cause For Murder Charges Against 3 Men (Forbes)

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