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View Diary: The obligation to retreat? (173 comments)

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  •  Stand your ground? (0+ / 0-)

    SYG wasn't claimed by Z & played no role in this trial.  "Stand your ground" only eliminates the obligation to first flee If can be done safely, & Z apperwed tyo be trying to get out from under M but couln't according the the witness) before the use of lethal self defense.  Although the obligation to flee is worthy theoretically, it's tough in practice.  Basically if you are trying to save your life, the law shouldn't be trying to second guess you.  You shouldn't be laying there thinking about the intricacies of self defense law while someone is trying to smash your head in.  (....Let's see, IIRCC it said on page 143 of my self defense law book......)  Consequently, the law gives broad deference to the victims who use self defense claims.

    I think SYG claims should go away because it encourages confrontationand that is I think contrary to public policy which should be to reduce confrontation.  What Iwould like to see substituted is a borrowing from civil law, by that I mean the concept of contibutory negligence.

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    by SGWM on Wed Jul 24, 2013 at 02:27:18 PM PDT

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