In the United States, he is under arrest regardless of if the cops said the word "arrest" or not. Also Miranda rights being required to be read to arrest someone is a myth, they have to tell you those before interrogation. Usually they are read at the time of arrest because anything you say before they do so can't be used in court, and they want to be able to do so. It isn't a legal requirement though, just a procedural norm.
I know a cop who wishes that the reading your rights was a myth since that would had put me in jail. But since he didn't and another officer said he didn't, the lawyer used that against him as violating my rights. Now that happened in Florida so either in your side of the states it's normal for your rights not be read to you. I feel bad for the people who get arrested.
Yeah but there the fact Wendy is a small woman that is up against big males with bats comes in. She can not be expected to stop it with her hands or words. Besides not sure how the rules in US are but over here in Europe we also have something for an over use of violence in case someone is really threatened as a ground for not being culpable. Think in English it is called Excessive self defence but in Dutch it is called "noodweer excess". Basically it comes down to that someone in the act of being threatened comes into a mental state where the fact (s)he uses normally inexplainable excessive violence can not be held against them in a criminal way. (For this last you do need a good psychologist report and may lead to a recommendation for some serious therapy though that you would have to follow and someone might even be locked away for therapy reasons if the judge in question would be very afraid you might regularly get into that mental state to easily.)
That wasn't the heartwarming willow scene though, I thought it was when he picks her up and tickles her and then picks jamie up as well.
First of all it's a small woman doing what she can to defend her son who has been beaten badly, been told he's going to be taken against his will(Kidnapped) by 4larger than her by far men with a wpn who have also threatened to kidnap a young woman who lives with her son, beat senseless another couple people threatened harm to many more all while still posing a threat to her son ATM, I'd say justified!
I don't know enough about European laws to argue for or against what you're saying. However, the US has set legal standards where laws like aggravated battery require specific intent. Part of specific intent is the mental status. This is why i was saying you cannot charge Ryker for it. However, with Wendy in the US you absolutely can prove specific intent even if it's an affirmative defense. She knew (as most people do) that driving a car into a pedestrian would cause harm. She may not have known the extent but that's a matter for how she's charged to settle. That said we do have clauses that cover extreme duress but that wouldn't be enough to void the charges in question but it might be enough to sway a jury. The key part there is it would have to go to the Jury first which means that Wendy would be arrested and charged. That is of course all contigent upon the game world following real world laws and procedures all of which right now is a bit iffy.
That is true and it should as far as I know be the job of the DA office first to decide if they would want to prosecute her or not based on the facts and likelihood of a conviction. Besides there is a reason why cases like this are very individual, because the circumstances are very individual and details can make a big difference. If Wendy was a 7ft tall guy with a black belt in a martial arts discipline or an ex special ops the outcome might well be very different and what would be expected of her in a situation like that.
A midget with short red hair? OMG! You found actual footage of Avaron!
? What are you smoking, The MC was the one being told he was going to be taken ie kidnapped, not that poor employee!
That's them not me, I was giving reasons for Wendy's which included stopping the group from kidnapping her son! My post had zero to do with Damien, he was gone, the 4 in question are Ryker, Kenji, Gorg and that cheapshot bouncer that tried to frisk Azel!
That's fair. Though...
