Stand Your Ground or Duty to Retreat [View all]

[SoutherDem]

For the last few months we have been hearing a good bit about Castle Doctrine (Laws) or Stand Your Ground Laws. The media has also brought many events to our attention in which it seem these laws have resulted, in some situations, where people have been killed under circumstances where self defense seems to be highly in question, yet the shooter has not been charged for a crime using these laws.

Likewise we have heard how death rates under the circumstances of self defense have increased threefold. I have also heard how the laws which were in place (in Florida specifically) would have resulted in the shooter not being charged anyway, if it was self defense, so these laws are not needed and in fact have actually allowed legal vigilanteism.

It is my understanding, until 2006 in Alabama the law said we had a “duty to retreat”. I recall for years hearing how people who were charged with a crime for shooting a burgular because they had an opportunity to retreat rather than protect their person or property. I remember where the actual recommendation, by a law enforcement officer, was to create a “safe room” e.g. a bedroom in which you should get a reenforced door with strong locks and a phone, then if your house is broken into you should retreat to that room lock yourself in and call the police and wait, that you should only use deadly force if the burgular broke into that room (I am not sure if this was just the recommendation of that office/department or if it took that to meet the requirement of the law).

I have never heard one person question someone defending themselves, the questions seem to come from when does the need to self defend start, at what point does defense become offense, when does stand your ground become pursue.

Also, how much force are you allowed to use? Is deadly force allowed when, non-deadly for could work? Are warning shots allowed? Does the sides need to be evenly armed?

And, just what can you defend. Defending yourself, family or another person seems to not be in question. But, does defending personal property justify using deadly force? If so, does that extend to your neighbor’s personal property?

Is the problem in the way the laws are written or is it in how the laws are applied?

For now I am not giving my opinion, just asking questions.