Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater

[TPaine7]

26. Here's the case of a woman who didn't flee her home was convicted of murder

Her husband was dead on the floor of their home. She had shot him
after a violent argument, and now the jury was asked to determine
whether it was murder or self-defense.' During closing argument, the
prosecutor emphasized what the state believed was the critical legal
point: Under the law, the jury could not consider the killing justifiable
"unless {the defendant} had exhausted every reasonable means to
escape the danger, including fleeing from {her} home."{2} The prosecutor
continued:

Did she do that? No. Did she use the phone that was two feet
away? No. Did she go out the door where her baby was sitting
next to? [sic] No. Did she get in the car that she had driven all
over town drinking and boozing it up all day? No. {3}

The prosecution obtained a second degree murder conviction against
Kathleen Weiand in the killing of her husband Todd, bolstered in part
by a traditional duty to retreat jury instruction that stated: "The fact that
the defendant was wrongfully attacked cannot justify her use of force
likely to cause death or great bodily harm if by retreating she could have
avoided the need to use that force."{4}

http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1290&context=mulr&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt%26rct%3Dj%26q%3Ddeclaring%2520that%2520the%2520duty%2520to%2520retreat%2520is%2520premised%2520on%2520the%2520%25E2%2580%259Crecognition%2520of%2520...%2520the%2520great%2520value%2520of%2520human%2520life%25E2%2580%259D%26source%3Dweb%26cd%3D1%26ved%3D0CCMQFjAA%26url%3Dhttp%253A%252F%252Fscholarship.law.marquette.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%253D1290%2526context%253Dmulr%26ei%3DLnJvT7OHFMOfiALd-aTKBQ%26usg%3DAFQjCNHqXtPpYejhLoQRoYLm0em6ni3adw#search=%22declaring%20duty%20retreat%20premised%20%E2%80%9Crecognition%20...%20great%20value%20human%20life%E2%80%9D%22

A criminal took steps that legally dismissed this woman from her own home, but she refused to be dismissed. Apparently, she should have picked up her baby and run out of her own home. Her failure to do so led to her conviction for murder.

Fortunately, Florida law has been corrected on this point. I won't have time to look for more until later today.