General Discussion
In reply to the discussion: So Zimmerman gave up [View all]Yo_Mama
(8,303 posts)Self-defense has always been legal, but the common law doctrine has been that only necessity established a legal defense to use of lethal force that resulted in someone's death. So if you were under attack but had the chance to retreat, you could be prosecuted because you had the DUTY to retreat rather than use lethal force IF YOU COULD RETREAT.
Castle doctrine usually refers to being in your home and faced with an intruder, and pretty much removed the homeowner's duty to retreat from your home rather than use lethal force to defend yourself. It's not as if you can just shoot an intruder in your home, though.
SYG is commonly expressed as being someplace that you were legally okay to be, doing what was legal for you to do, and establishes that you do not have the duty to retreat rather than use lethal force if you are attacked or if some other person is attacked.
Self-defense was always established if you used lethal force without having the ability to retreat. For instance, if a woman is grabbed and dragged into the alley, she can whip out a knife and gut the guy because she was unable to retreat. She may then face prosecution for carrying a knife, but under the traditions of common law, she wouldn't face prosecution for murder or wrongful death.
But of course, when there are no witnesses, it may be difficult to establish that you did not have the ability to retreat.