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Stand your ground


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 when "[the defendant] was engaged in illegal activities and not entitled to benefit from provisions of the 'stand your ground' law". This may be the case even if the illegal conduct the defendant was engaged in had nothing to do with the threat which instigated his use of deadly force (e.g., being robbed and beaten while smoking marijuana inside at the home of a friend).

The Castle Doctrine is a common law doctrine stating that a person has no duty to retreat in his or her home, or “castle,” and may use reasonable force, including deadly force, to defend his or her property, person, or another. Outside of the abode, however, an individual has a duty to retreat, if possible, before using deadly force. Castle Doctrine and “stand-your-ground” laws are acceptable defenses for people who have been charged with criminal homicide.

At common law, self-defense claims are not valid if the defendant could have safely retreated from danger (duty to retreat). The castle doctrine is an exception to this. It gives immunity from liability to individuals who acted in self-defense in the home even if they could have safely retreated from the threat and failed to do so. The duty to retreat is a legal requirement in some jurisdictions that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must retreat to a place of safety instead.Deadly force or lethal force is force with the intent of serious bodily injury or death to another person. In most jurisdictions it is only accepted under conditions of extreme necessity and last resort.


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Wikipedia

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