Sure. citizens have the right to make a citizens arrest, but in the US each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the "arrestor" has personally witnessed the offense occurring.
American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to the principle of strict liability before the courts of civil and criminal law including, but not limited to, any infringement of another's rights. Nonetheless many citizens' arrests are popular news stories.
Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is permitted and applies to both private citizens and police officers outside their jurisdiction. Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property. Detention is different from an arrest in that in a detention the detainee may not be transported without consent.(Ref: Citizen's arrest: Wikipedia)
So, making a citizens arrest falls on ones intent and judgment in pursuing someone and or detaining them., and they become responsible for their actions in doing this. No one has a right to detain or pursue anyone without reasonable just cause, and the law can be turned on the one making the citizens arrest if they do not have just cause.
Let's look at that intent with this case.
Did Zimmerman intend to look for criminal activity in his neighborhood that night? Yes he did. That was his purpose.
Did Zimmerman take his gun with the intent to use it if need be? Yes he did. His having it shows his intent coupled with what he was doing; patrolling his neighborhood.
This is where reasonable sound judgment comes into play from both Zimmerman and Trayvon.
Did Zimmerman spot Trayvon and think he might be a criminal? Yes he did. He made that clear on the call to the police. Was that thought reasonable? Maybe, but what told Zimmerman that this kid was "up to no good"? Only Zimmerman can answer that, but from what we know so far there is not enough evidence to make a reasonable assumption that Trayvon was up to no good.
From what we know he was a guy walking down the street in the rain talking to his girlfriend on the phone. Did he have a flat screen TV, a weapon, tools to break in to anything? Nope. Was he walking up to doors, checking windows, looking for entry points to homes or cars? Nope, according to Zimmerman, nope.
To assume the unseen or unknown at this point in Zimmerman's mind is not sound judgment on Zimmerman's part. Never the less he continued to pursue Trayvon, because something told him that Trayvon was "up to no good". Whatever is was about Trayvon, it was negative and bad.
Did Trayvon know he was being followed? Yes he did. He made that clear on his call according to his girl friend. Did he feel the need to flee from Zimmerman? Yes. His girl friend made that clear and advised him to do so. He does not run, but walks fast and cuts through a back path. Even Zimmerman says this.
Here is where we see reasonable judgment deteriorate even further. Zimmerman pursues on foot and confronts Trayvon. From Zimmerman's own account Trayvon asked him; "Why are you following me?". Next thing we know is a fight takes place; trayvon overpowers Zimmerman; Zimmerman pulls his weapon and shoots.
Which one of these two people are using reasonable judgement here? One is a 25 year old adult and the other is a 17 year old child...I don't care how big he is, he is a minor.
Zimmerman placed himself and Trayvon in a dangerous position while carrying a fire arm with intent to use it based on his own judgment. But, there is no law against that for say. They way the SYG law reads and works, it does not clearly address this type of thing, and because of this, Zimmerman can use the law as it exist as a defence. His attorneys will do that, and when the judge gives the instructions to the jury, they will be instructed not to consider Zimmerman's judgment in pursuing Trayvon, but his reasonable belief that he was going to be harmed.
Second-degree murder means a killing that was not premeditated but resulted instead from an "imminently dangerous act" that showed a "depraved" lack of regard for human life. That's what needs to be proven by the prosecution to find Zimmerman Guilty.
Zimmerman told police he acted in self-defense after Martin pursued and attacked him. Florida is among 21 states with the "stand your ground law," which allows police on the scene to decide whether they believe the self-defense claim. That's it.
In many cases, the officers make an arrest and leave it to the courts to work out whether the deadly force is justified. In this case, however, police have said they are confident they did the right thing by not charging Zimmerman, specifically because of the way the SYG law is stated in FL. It does not address people who can legally carry a fair arm who place themselves, by their own judgment, purposely in a position to possibly use that fire arm. I think it should. I think most reasonable people think so also.
As for some in the black community, while it is unreasonable to trade hate for hate, and call that justice for racism, it is reasonable to think that Zimmerman may have targeted Trayvon based partly on his race. But since that can not be proven, it is fair to address the issue of civil rights, and not just for the black people, but for all Americans to have a right to feel safe walking down the street among other Americans who choose to carry a gun for their own protection.
So, to echo what Mark said, since I've said all I have to say, I'm also done with this thread.