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petronius

(26,595 posts)
8. Philosophically, I lean more toward SYG than DTR: while I think the moral and
Thu Jul 18, 2013, 12:30 PM
Jul 2013

ethical thing to do is to avoid harming another person (i.e. to retreat) whenever possible, I don't think retreating should be codified into the law for subsequent second-guessing. If a person has a legitimate need to use self-defense - they are facing a genuine and imminent threat of death or harm - then I think they have the right to deploy that defense in the time and manner that best protects them.

However, it seems that having SYG articulated in the law perhaps can lead to problems. On the one hand, it may distract individuals from the actual question of self-defense - there have been news articles in which people who have wounded/killed seem more concerned with their right to stand their ground than with the question of whether self-defense was justified in the first place. Of more concern, it seems to encourage LE to drop investigations too early, on the presumption that a ground-stander must have been defending themselves.

So the point I'm at now is thinking it's better for the law to be silent on both SYG and DTR (as is the case here in CA). Focus entirely on the legitimacy of the self-defense itself: was the putative defender reasonably in fear of imminent and serious harm? (The exception I would keep is that civil suits should not be allowed to use non-retreat as a basis for a wrong-full death claim, in cases where the self-defense was found to be justified...)

gun fun in the sun jimmy the one Jul 2013 #1
Actually, florida's murder numbers remain relatively flat AtheistCrusader Jul 2013 #12
Since SYG russ1943 Jul 2013 #33
IIRC the justifiable homicide number doubled. AtheistCrusader Jul 2013 #34
From my understanding... discntnt_irny_srcsm Jul 2013 #2
Remove any duty-to-retreat provisions, and SYG is unnecessary. Lizzie Poppet Jul 2013 #3
Bingo Lee-Lee Jul 2013 #20
Hmmm..confused..can you tell me the difference between a lack of duty to retreat, jmg257 Jul 2013 #4
Lacking Duty to Retreat does not necessarily mean "Stand your Ground." Decoy of Fenris Jul 2013 #6
That has more to do with ignorance of the law gejohnston Jul 2013 #7
I do know that gejohnston Jul 2013 #5
Philosophically, I lean more toward SYG than DTR: while I think the moral and petronius Jul 2013 #8
If "duty to retreat" is removed from the state laws which Eleanors38 Jul 2013 #9
Washington State does this right, I think. AtheistCrusader Jul 2013 #10
I am not a lawyer so... SoutherDem Jul 2013 #11
I don't understand anomiep Jul 2013 #13
dtr cowardice, syg manly jimmy the one Jul 2013 #14
And how hard should you try and who determines if that was hard enough? HiDemGunOwner Jul 2013 #15
naked city jimmy the one Jul 2013 #18
Sorry, you just lost any credibility..... HiDemGunOwner Jul 2013 #22
more from the naked city jimmy the one Jul 2013 #23
Again, you have no factual basis to make your claims HiDemGunOwner Jul 2013 #24
A while back in Del Ray Beach Florida gejohnston Jul 2013 #25
Something for your reading pleasure.... HiDemGunOwner Jul 2013 #26
how about kleck jimmy the one Jul 2013 #27
minimum force bill jimmy the one Jul 2013 #28
in other words, gejohnston Jul 2013 #29
kleck, now fbi, vs cheaperthandirt & blogtalk jimmy the one Jul 2013 #30
You seem to be focusing on a single sentence and not the entire concept presented.... HiDemGunOwner Jul 2013 #31
mano a mano y mano y mano jimmy the one Jul 2013 #32
DTR: Cowardice mandated by law. Decoy of Fenris Jul 2013 #16
peter & paul jimmy the one Jul 2013 #17
what are you talking about? gejohnston Jul 2013 #19
The thing we need to do is explain what the alternative is Lee-Lee Jul 2013 #21
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