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3/4 of States Are Now Stand Your Ground; only 12 Are Duty to Retreat


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But what exactly do these terms mean?

Eugene Volokh | 4.20.2021 6:07 PM

"I wrote about this several months ago, but several states have gone stand-your-ground since then—Ohio, Arkansas, and now North Dakota—so I thought I'd repeat it.

[A.] The "duty to retreat" is something of a misnomer (though a very common one); it's not actually a legally binding duty (the way a parent has a duty to support a minor child, or a driver has a duty to exercise reasonable care while driving). Rather, it's a provision that, under certain circumstances, failing to retreat from a confrontation will effectively strip you of your right to use deadly force for self-defense."

image.png.42a3f13e42e6519718b2686e81f7d95b.pngimage.png.6eb3efbc9cc846471fc9c6b4c1b9aaf9.png

https://reason.com/volokh/2021/04/20/3-4-of-states-are-now-stand-your-ground-only-12-are-duty-to-retreat/

Prof. Eugene Volokh, a preeminent constitutional law scholar.

 

Still, I think this reflects the general pattern:

  1. 3/4 of the states are stand-your-ground, and most of them took this view even before the recent spate of "stand your ground" statutes.
  2. There is however a significant minority, basically a quarter of the states, in favor of a duty to retreat.
  3. Of course, none of this tells us what the right rule ought to be.
Edited by pipedreams
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13 hours ago, pipedreams said:

But what exactly do these terms mean?

Eugene Volokh | 4.20.2021 6:07 PM

"I wrote about this several months ago, but several states have gone stand-your-ground since then—Ohio, Arkansas, and now North Dakota—so I thought I'd repeat it.

[A.] The "duty to retreat" is something of a misnomer (though a very common one); it's not actually a legally binding duty (the way a parent has a duty to support a minor child, or a driver has a duty to exercise reasonable care while driving). Rather, it's a provision that, under certain circumstances, failing to retreat from a confrontation will effectively strip you of your right to use deadly force for self-defense."

image.png.42a3f13e42e6519718b2686e81f7d95b.pngimage.png.6eb3efbc9cc846471fc9c6b4c1b9aaf9.png

https://reason.com/volokh/2021/04/20/3-4-of-states-are-now-stand-your-ground-only-12-are-duty-to-retreat/

Prof. Eugene Volokh, a preeminent constitutional law scholar.

 

Still, I think this reflects the general pattern:

  1. 3/4 of the states are stand-your-ground, and most of them took this view even before the recent spate of "stand your ground" statutes.
  2. There is however a significant minority, basically a quarter of the states, in favor of a duty to retreat.
  3. Of course, none of this tells us what the right rule ought to be.

God Bless America.

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If the government continues to allow criminals, nay, encourage criminals to ply their trade without fear of retribution, at some point in the near future, folk will simply protect themselves with whatever level of force they deem necessary.

Unlike the law enforcement officers that have been subject to the kangaroo courts, pissed off citizens will not meekly walk to the gallows.

Commit a robbery, pay with your life.

For the government to try to imprison a man or woman for defending their life,  said government had best outlaw pitchforks and torches.  We won't burn down a Wendy's restaurant; we'll start with the state house.

Of course, one can participate  in a knife fight and threaten to murder  another, but stopping that is just silly -- and racist.

 

Edited by tous
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On 4/22/2021 at 10:50 PM, Maser said:

Are any of us shocked what color MN is?  ;)

before i moved to MN it was a no Castle Doctrine, Full Duty to Retreat and Rarely (May) Issued Conceal Carry State.

Many of us worked to change it to Shall Issue and remove the Duty to Retreat in your Home and Define the Castle Doctrine as absolute.

after i moved there Joel Rosenberg (R.I.P.) and Sen. Pat Pariseau (R.I.P.) Myself and about 1000 other people worked daily to change the laws to what they are today.

(Dave Gross, Sen.Boudreau and Professor Olson not to leave them all out)

its amazing to think how far we came and how much more there is to do.

Edited by holyjohnson
fairness
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