The Firing Line Forums - View Single Post - Florida task force examines Stand Your Ground law

HarrySchell · April 5, 2012, 05:17 PM

CA has no SYG law but does have a "last aggressor" justification for using lethal force justifiably in self-defense.

You can start a fight, but if you completely disengage, making clear your intentions and walking away, your opponent is the "last aggressor" if they pursue you, and they have started a new fight. If you then otherwise justifiably use lethal force, that you started the fight in the beginning is not the telling point.

Zimmermann claims to have been disengaging, according to some accounts. If that is true, Martin may be the "last aggressor". I don't know what happened.

Eugene Volokh did an interesting blog on the "duty to retreat" on his site earlier this week. It appears that both the Model Penal Code and how the "duty" has been integrated into common law recognize that retreat is not a viable, or even preferred, action in all circumstances. There is a point at which retreat is an undue loss of a person's liberty, which relieves that person of having to choose or affirmatively try to retreat.

April 5, 2012, 05:17 PM	#16
HarrySchell Senior Member Join Date: March 30, 2007 Location: South CA Posts: 566	CA has no SYG law but does have a "last aggressor" justification for using lethal force justifiably in self-defense. You can start a fight, but if you completely disengage, making clear your intentions and walking away, your opponent is the "last aggressor" if they pursue you, and they have started a new fight. If you then otherwise justifiably use lethal force, that you started the fight in the beginning is not the telling point. Zimmermann claims to have been disengaging, according to some accounts. If that is true, Martin may be the "last aggressor". I don't know what happened. Eugene Volokh did an interesting blog on the "duty to retreat" on his site earlier this week. It appears that both the Model Penal Code and how the "duty" has been integrated into common law recognize that retreat is not a viable, or even preferred, action in all circumstances. There is a point at which retreat is an undue loss of a person's liberty, which relieves that person of having to choose or affirmatively try to retreat. __________________ Loyalty to petrified opinions never yet broke a chain or freed a human soul in this world — and never will. — Mark Twain Last edited by HarrySchell; April 5, 2012 at 06:35 PM.