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February 26, 2014, 04:32 PM | #1 |
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Duty to retreat and deadly force...
I have been a little confused about the concept of duty to retreat and deadly force. When is it possible to safely retreat when deadly force is justified?
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February 26, 2014, 04:35 PM | #2 |
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February 26, 2014, 07:44 PM | #3 | |
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Quote:
Of course whether you could have safely retreated will be a question of fact based on the circumstances. And while you had only an instant to make the decision, the DA/grand jury/trial jury will be second guessing you at their leisure. Let's look at the basic legal reality of the use of force in self defense.
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February 26, 2014, 10:00 PM | #4 |
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Ave of escape....
In my area, the local cops & prosecutors called it; ave of escape.
Prior to the "stand your ground" & "castle doctrine" statues in the mid 2000s, you(the "victim") had a legal responsibility to find-use a ave of escape to flee/run away. If there is no other recourse or action to avoid lethal force, then you can defend yourself. This legal mumbo-jumbo & mindset was flawed for a # of reasons. Armed citizens or license holders aren't mind-readers or social workers. They can't always predict what a violent thug or crook is going to do. If a ave of escape presented itself & you could guarantee your safety 100% of the time, then it'd work. Those conditions are nearly impossible in real world lethal force events. Stand your ground or Castle Doctrine laws make much more sense because your not beholden to a aggressive criminal or their actions-behavior. You can deploy lethal force & face a formal hearing/trial. Some prosecutors(DAs & State Attys) decide to not even charge armed citizens if the evidence(or media coverage ) favors the gun owner. |
February 27, 2014, 11:36 AM | #5 |
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Thanks Frank - very concise, informative, and helpful post!
TomNJVA
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February 27, 2014, 11:44 AM | #6 |
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confusing
Research castle laws state-by-state.
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February 27, 2014, 08:17 PM | #7 |
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Bottom line - Don't shoot anyone unless you really really really have to!
TomNJVA
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In NJ, the bad guys are armed and the households are alarmed. In VA, the households are armed and the bad guys are alarmed. |
February 28, 2014, 12:11 PM | #8 | |
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