General Discussion
In reply to the discussion: Self-defense: Duty to retreat or Stand your ground [View all]spin
(17,493 posts)First let me state that I have a Florida Concealed Weapons permit.
Obviously If I find myself in an argument with another individual who starts acting aggressive, I will attempt break off and walk away even if it makes me look like a coward.
But if I find myself under attack by someone with a knife or a gun, why should I have to attempt to retreat before I draw my weapon. Stumbling backward or turning my back and running may be a poor tactic. In all likelihood I would not have faced prosecution in such a situation before the "Stand Your Ground" law passed in Florida. Of course I should point out that I can't run and if I tried, my best hope of survival would be that the attacker would be laughing too hard to hurt me. I am an candidate for a hip replacement and also suffer from degenerative disk disease. I get to park in handicapped spaces with my handicapped tag hanging from my rear view mirror. Still, why should a younger much healthier individual have a duty to retreat while being attacked by a person who is much larger or armed with a knife or a gun.
Often I read news reports that state that the "Stand Your Ground" law in Florida allows an individual to simply blow someone away on the street. That is not what the law states. Before you stand your ground you have to have a reasonable belief that you are under imminent peril from an individual that intends to seriously injure to kill you. (Ref: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html)
Of course if there are no witnesses and one of the people involved is dead it might be possible that a person does get off free. This could also happen before the "Stand Your Ground" law. The survivor might just claim, "I tried to retreat but he pursued me." Dead men tell no tales.