General Discussion
Showing Original Post only (View all)Self-defense: Duty to retreat or Stand your ground [View all]
Duty to retreat:
A duty found in some jurisdictions obligating a person to retreat from a dangerous situationrather than employ self-defense and injure another. However, one is not usually required to retreat when attacked in ones own home. In tort law, the failure to exercise ones duty to retreat may create liability in the party who could have retreated.
Prosser & Keeton on Torts 127128 (5th ed. 1984). In criminal law, the failure to retreat except from ones home or from a robber will foreclose the defense of self-defense in a minority of states. Perkins & Boyce, Criminal Law 1133 (3d ed. 1982).
http://www.answers.com/topic/retreat-duty-to#ixzz1pYWOcIML
Stand your ground:
The "Stand Your Ground" law, which enables people who perceive a threat to use deadly force without first trying to retreat from a confrontation, was a landmark when it passed in 2005. Since then, 16 more states have adopted similar laws, which are far more lenient than the widely adopted "Castle Doctrine," which allows people to defend themselves in their homes.
http://articles.orlandosentinel.com/2012-03-17/news/os-qanda-trayvon-martin-shooting-20120317_1_law-enforcement-castle-doctrine-deadly-force
What if Trayvon was standing his ground?
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At the heart of this case is Florida's "Stand Your Ground" law. Passed in 2005, the law allows people to use deadly force to protect themselves if they believe they're in imminent danger. When Zimmerman told police it was self-defense, that was good enough for them. But what if Martin were trying to stand his ground against a threatening stranger? Why did police automatically assume that Martin was the aggressor?
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http://www.theroot.com/views/trayvon-martin-stand-your-ground
In addition, there are now some arguments that you have the right to 'stand your ground' if approached by the police.
17 states have passed 'stand your ground' laws.
'Duty to Retreat' does not mean you can't defend yourself. It does require you to try to avoid confrontations if it is reasonably possible It also does not mean that you can't defend your home as some have claimed. You also don't have to stand and watch if somebody else is in danger.
All of these laws are defined by each state. What they mean can differ. The interpretations can also vary a great deal.
IMO if you can retreat, you should. I don't mean you have to take extraordinary measures to do so.
Whatever happens, a kid with some Skittles and an can of iced tea was shot to death. He was killed by someone who had no authority to approach him, and he was told not to so by the dispatcher. If Trayvon Martin did approach him, it was probably because he may have felt threatened. It should have and could have been avoided.
Several people complained to the Homeowners Association about Zimmerman's aggressiveness. They took no steps to find out what he did nor did they lay out some ground rules for him. They knew he was acting as a quasi-law enforcement person. IMO they are culpable in his shooting.
