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In reply to the discussion: Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]alcibiades_mystery
(36,437 posts)23. Bullshit
"In some US jurisdictions, there is even a "duty to retreat" when threatened in your own home. If an armed robber comes into your bedroom at night, you are obligated to flee if you safely can. It doesn't matter if you are armed. It doesn't matter if you are innocent. A criminal can dismiss you from your own home. "
Absolute bullshit. In no jurisdiction is anyone obliged to retreat if in their own home. This is settled law.
Duty to retreat means that you exhaust, within reason, non-violent means to avoid conflict. This isn't an undue burden, but a basic sense of common decency. The "stand your grounders" have invented some nonsense like your post that ,makes the duty to retreat into the "duty to be ordered around by criminals." It is a ludicrous claim. You retreat to safety if possible and call the police. If not possible, you respond with force adequate to the situation. You need not do so in your own home. This is the hallmark of a decent society, not some evil state burden coddling to criminals.
Before I have a legitimate claim of self-defense, I should certainly have to demonstrate that force on my part was necessary. NECESSARY. Your high flown nonsense about "freedom" aside, that's the simple principle. If force was not necessary, then I was not really engaged in self-defense. Rather, I CHOSE a conflict. Bottom line there. The notion that you shouldn't "have to be moved" is, in fact, the precise "ego-driven, macho" understanding of society that drives such stupid laws. The non-ego driven non-macho understanding would be that we do no social harm we NEED NOT DO. Taking stupid machismo and calling it "freedom" is not an answer.
Absolute bullshit. In no jurisdiction is anyone obliged to retreat if in their own home. This is settled law.
Duty to retreat means that you exhaust, within reason, non-violent means to avoid conflict. This isn't an undue burden, but a basic sense of common decency. The "stand your grounders" have invented some nonsense like your post that ,makes the duty to retreat into the "duty to be ordered around by criminals." It is a ludicrous claim. You retreat to safety if possible and call the police. If not possible, you respond with force adequate to the situation. You need not do so in your own home. This is the hallmark of a decent society, not some evil state burden coddling to criminals.
Before I have a legitimate claim of self-defense, I should certainly have to demonstrate that force on my part was necessary. NECESSARY. Your high flown nonsense about "freedom" aside, that's the simple principle. If force was not necessary, then I was not really engaged in self-defense. Rather, I CHOSE a conflict. Bottom line there. The notion that you shouldn't "have to be moved" is, in fact, the precise "ego-driven, macho" understanding of society that drives such stupid laws. The non-ego driven non-macho understanding would be that we do no social harm we NEED NOT DO. Taking stupid machismo and calling it "freedom" is not an answer.
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Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]
TPaine7
Mar 2012
OP
That's not true. Most confrontations will not go to "kill or be killed" without graduation.
TPaine7
Mar 2012
#14
I don't think that the Stand your ground law prevents a jury from determining
JDPriestly
Mar 2012
#12
The essential issue in self-defense as I understand it (and I was not a specialist in
JDPriestly
Mar 2012
#61
'Reasonableness' gets evaluated all the way up the legal ladder.. not all go to a jury.
X_Digger
Mar 2012
#63
"These states uphold castle doctrine in general, ... but... may enforce a duty to retreat"
TPaine7
Mar 2012
#24
Do you also believe that the idea of innocent people in prison in cases totally unrelated to this
TPaine7
Mar 2012
#38
The case was from before the 2005 change, so comparing 2005 and 2011 is irrelevant. n/t
TPaine7
Mar 2012
#75
I don't see why everyone who agrees with gun rights is AUTOMATICALLY an NRA member
TeamsterDem
Mar 2012
#37
I am not a member, nor have I ever given them a penny, though I almost contributed after Katrina.
TPaine7
Mar 2012
#39
I think I'll stand my ground and won't allow your made up bullshit and histrionics to make me leave.
TPaine7
Mar 2012
#45
I think Florida's SYG law and even their Castle Law need revision. There also needs to be education
TPaine7
Mar 2012
#51
The duty to retreat is a duty to obey a criminal who orders you to flee coupled with a threat
TPaine7
Apr 2012
#90
The bottom line is that he can dismiss you from any public space, simply by offering you violence.
TPaine7
Mar 2012
#48
Wow! Just Wow! Killing an unarmed teen with no legal ramifications is the "bathwater"?
Major Nikon
Mar 2012
#31
Perhaps you can read, but I'm seriously doubting your ability to comprehend
Major Nikon
Mar 2012
#66
I skimmed over your post and failed to find anything that addresses the examples I gave
Major Nikon
Apr 2012
#95
The false assumption is that without the shoot first law, people go to jail for defending themselves
Major Nikon
Mar 2012
#72
Thanks for your thoughtul response. I agree that the law needs change and that all violent deaths
TPaine7
Mar 2012
#59
Actually I started to say "arrested" but decided that in all cases that is not justified
csziggy
Mar 2012
#65