by jshuberg on Tue Dec 04, 2012 11:57 am
The term vigilante is thrown around a lot regarding this case, and it shouldn't.
A vigilante is someone who presumes to cast judgement on someone and imposes a sentence after the crime. Think lynch mobs or honor killings/mutilations. The person being judged is being denied due process. This is a crime.
A vigilante is *not* someone who chooses to police their neighborhood as a neighborhood watch, or chase a criminal and arrest them, or follow a suspicious character while on the phone with a 911 operator. Every person has a right to do these things. It is explicitly spelled out in state law the arrest powers granted the everyday citizen. A person who does these things is not a vigilante unless he imposes his own sense of justice *after the crime*. If he apprehends a criminal and turns him over to law enforcement or a magistrate, he is not a vigilante, but a normal citizen executing his rights.
Now, it's not usually a very good idea to go around arresting criminals unless you have a badge. A lot of people will incorrectly associate this behavior with vigilantism, and you are taking a huge physical and legal risk. Bad guys sue the cops that arrest them, or file complaints all the time. They have the power of their department and union and are not personally on the hook financially if the bad guy claims it was an inappropriate arrest. The average citizen does not have these protections, and will almost certainly be sued and have to pay the legal costs out of pocket. Some security personnel may be protected by their employer for performing a citizens arrest while on the job, but the average person is screwed.
Again, following Martin may not have been a good idea, but it was not a crime, and it was not vigilantism. This is evidenced by the fact that he called 911 and requested police assistance.
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