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My Recent Comments
Many people that are in favor of Duty to Retreat, do so under the misconception that it is the individual under attack the one that gets to legally determine if he retreated enough before being forced to defend himself....and they would be terribly wrong.
The determination if a person retreated enough is in the hands of either the police or the district attorney, people who were not present at the events and who only have your word (You, the suspect and let me repeat the word SUSPECT) and possibly some evidence that is not a clear cut as in the CSI TV series.
In a perfect world, police or DA would understand that a law abiding citizen, without any record, family person, church goer, etc. would be very unlikely to be the one responsible for the altercation. However, many prosecutors in many states have a great desire to make a name for themselves and get re-elected, so they go after unfortunate people to beef up their conviction record and appear butch to the voters. DAs forget that their duty is to seek Justice and not to win cases, but apparently that is not the case anymore.
That is why we need laws like SYG.Apr 17, 2014
"Starting with Florida in 2005, Stand Your Ground laws were passed by 12 states altogether, including Arizona. "
That is factually wrong. Stand Your Ground goes back as a well established law to 1895 via a Supreme Court decision (Beard v. United States – 158 U.S. 550) and then ratified in 1921 with Brown v. United States, 256 U.S. 335.
"if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant he may stand his ground and that if he kills him he has not succeeded the bounds of lawful self defence. That has been the decision of this Court. Detached reflection cannot be demanded in the presence of an uplifted knife"
Apr 17, 2014