Tuesday, March 28, 2017

Stand Law

From Wikipedia:
"Stand-your-ground law"

A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a justification in a criminal case, whereby defendants can "stand their ground" and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats. An example is where there is no duty to retreat from any place where they have a lawful right to be, and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm or death. One case describes "the 'stand your ground' law... a person has a right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an unlawful intruder." Justification using stand-your-ground laws may be limited in that the justification cannot be used in some cases where defendant was engaged in other illegal conduct at the time, when "[the defendant] was engaged in illegal activities and not entitled to benefit from provisions of the 'stand your ground' law". This castle doctrine gives immunity from liability to individuals (ie., there is no duty to retreat) when an intruder enters their home. Of these, twenty-two jurisdictions have also extended the immunity to other locations, some extending it to anywhere where a person may legally be.Other restrictions may still exist, however. For example, a person carrying a firearm or other weapon in public (whether concealed or openly) must do so in a legal manner.

In The US:

Stand your ground law by US jurisdiction
  Stand-your-ground law
  Stand-your-ground in practice
  Stand-your-ground from within one's vehicle
  Castle doctrine only; duty to retreat in public
  Duty to retreat

The states that have legislatively adopted stand-your-ground laws are Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana,  Nevada, New Hampshire, North Carolina (Stand Your Ground law (N.C.G.S. 14 51.3)), North Dakota, Ohio, Oklahoma, Pennsylvania,[ South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin.
The states that have adopted stand-your-ground in practice, either through case law/precedent, jury instructions or by other means, are California, Colorado, Idaho, Illinois, New Mexico, Oregon, Virginia,[ and Washington.

In England and Wales:

The common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defence of using reasonable force in self-defence. At English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force. n both cases force used must be reasonable in the circumstances as the person perceived them to be, unless the person is attacked in their own home, whereupon force will only be regarded as unreasonable if it was "grossly disproportionate.

In Germany:

German law allows self-defense against an unlawful attack. If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat. However, there must not be an extreme inadequacy ("extremes Missverhältnis") between the defended right and the chosen way of defense. In particular, in case of the use of firearms there must be given a warning shot when defending solely a material asset. Nevertheless, because of the low circulation of firearms in Germany the impact of this law is not all that strong.

^ Stand Your Ground Laws are there to protect your family and your property. I don't understand the laws that say you have to retreat. If you are in danger of being hurt then you should be legally allowed to defend yourself with any means. ^


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