Hosted By and Produced By: Merle Cox
Podcast: Play in new window | Download (Duration: 7:27 — 6.9MB)
More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked.
Some states go a step further, removing the duty of retreat from other locations. “Stand Your Ground“, “Line in the Sand” or “No Duty to Retreat” laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. Under such laws, there is no duty to retreat from anywhere the defender may legally be. Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly.
Beard v. U.S. (158 U.S. 550 (1895)) that a man who was “on his premises” when he came under attack and “…did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm…was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.”
Information obtained from: Wikipedia
Closing Question / Comments: What are your thoughts on the “Stand Your Ground” / “Castle Doctrine”?