Duty to Retreat and Castle Doctrine
Across the United States, there are laws that permit citizens to Monmouth Case Study themselves or their occupied property dependent upon the circumstances when faced with a threat. Monmouth Case Study some states Stuvy use an amalgamation of doctrines, there are typically three categories into which laws governing self-defense generally fall:. A person has no duty to retreat from a threatening situation before employing the use of deadly force. A person has no duty to retreat before employing the use of deadly force, but only if said person is in his or her place of residence or the yard of his or her place of residence. A person has a duty to retreat from a threatening situation if he or she can do so with in some states total safety. A Duty to Retreat usually refers only to when a person is in public.
The Truth about Stand Your Ground Laws
Several states employ a blend of Castle Doctrine authorizing the use of deadly force in the home, car or another type of abode, but otherwise obligates a person to retreat Monmouth Case Study as walk away when in public. This also only typically applies when he or she has a weapon on Monmouth Case Study person, were leaving to get one would constitute an opportunity to retreat, thus nullifying any claim of self-defense. Both Vermont and Washington D. Stand Your Ground laws are not licensed to inflict undue harm, however, and most states that have adopted Stand Your Ground laws have very specific circumstances under which it can be employed as a defense in Stuudy or both civil and criminal proceedings.
It does not typically provide for the defense of a provoked attack, or where a person may intentionally initiate a confrontation with the purpose of inflicting harm while protected under the law. After the judge ruled that Murray was not in fear for his life when he was attacked by the four men. Although Murray was clearly not the aggressor in this situation, his case highlights the need for competent and experienced legal representation when dealing with cases of self-defense, as they may not be as Monmouth Case Study cut as a layperson might imagine.
Murray, though not acquitted, was able to plead to a lesser weapons charge and received five years probation, avoiding prison time altogether.
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Stand Your Ground laws are problematic in several ways. Studies reveal significant racial disparities when the victim is black or otherwise a person of color, versus when the victim is white.
This was famously exhibited during the case of Trayvon Martinwhere a member Monmouth Case Study a local neighborhood watch group in a Florida community was acquitted after unarmed Martin, 17, was fatally shot under unclear circumstances. The neighborhood watch member had followed Martin for several blocks, and when he called to report Martin as a suspicious person, was advised by the local police to Mon,outh. The neighborhood watch member continued his pursuit and eventually confronted Martin, resulting in a struggle that leads to Martin being fatally shot. The neighborhood watch member was acquitted.]
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