people freqently conflate Stand Your Ground vs Duty to Retreat... with the entire rest of the debate.
I'm trying to keep this neutral, so I'm using a rather cut and dry example: Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. investigation finds a sabatoged engine? Doesn't matter.
Stand Your Ground assumes reasonableness and codifies leaveing the fight or flee decision up to the individual.
Your example isn't quite as cut-and-dry because in a lot of cases that's going to involve the Castle Doctrine as well, and "starts shooting" means there is an actual danger merely than a perceived potential danger.
Counter-example: You're walking on the streets, at night, in the "bad part" of town. Someone walks towards you with their hands in their pockets, and their head covered with a hoodie. They say "Hey, what are you doing here?". You perceive this to be a threatening situation and fear for your life. Are you supposed to: a) pull out your gun and shoot them, or b) run away?
Some proponents of Stand Your Ground would say that option A is perfectly fine, some proponents of Duty To Retreat would say that you must attempt option B first, and fall back to option A only as a last resort.
It seems I may have misremembered my example and inadvertantly made duty to retreat appear worse than it is. However- it was meant to highlight the positons both sides and it holds correct enough for thst still.
> Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge.
Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation.
If someone comes through your home door guns akimbo in the US, blasting back is fine
US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things.
Germany has had some weird court decisions in that regard, in general the law does say flee and not shoot back if this is an option. But mostly courts are reasonable and do not punish the victim. Only if the victim decides to use violence after the threat is over
But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).
The law says your are allowed to stand your ground. You don't have to flee.
> But there was even a case,
I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.
> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.
Translation:
> However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.
I believe that's pretty common and a sane approach.
Examples? Maybe it’s true but I’d be surprised. Like I said from experience of living under a number of jurisdictions, none will charge a person with murder in those circumstances. Everywhere I’ve lived, if your life is directly threatened like that, you are absolutely allowed to defend yourself with violence commensurate with the threat.
They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence.
"Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility"
I'm trying to keep this neutral, so I'm using a rather cut and dry example: Somebody kicks in your door with a pump action and starts shooting- There are _some_ jurisdictions that require you to try and flee. You kill them and they werent bodily blocking your car in? Murder charge. investigation finds a sabatoged engine? Doesn't matter.
Stand Your Ground assumes reasonableness and codifies leaveing the fight or flee decision up to the individual.
Ultimately- you're going to have PTSD either way.
Counter-example: You're walking on the streets, at night, in the "bad part" of town. Someone walks towards you with their hands in their pockets, and their head covered with a hoodie. They say "Hey, what are you doing here?". You perceive this to be a threatening situation and fear for your life. Are you supposed to: a) pull out your gun and shoot them, or b) run away?
Some proponents of Stand Your Ground would say that option A is perfectly fine, some proponents of Duty To Retreat would say that you must attempt option B first, and fall back to option A only as a last resort.
Which jurisdictions? Is this in the US? I’ve lived in a bunch of European countries and in none would you be charged with murder in that situation.
If someone comes through your home door guns akimbo in the US, blasting back is fine
US Supreme court has often leaned heavily on right to protect self in one's own home in ruling against local and state laws that might ban ridiculous things.
Unless that someone is a cop, of course.
https://www.hrr-strafrecht.de/3/15/3-199-15.php
But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).
https://www.lto.de/recht/hintergruende/h/bgh-spricht-hells-a...
> But there was even a case,
I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.
Still terrible what happened, of course.
No it does not in germany (and I think most other states of the world).
If fleeing is a safe option - this is what you have to do instead of shooting. Reality just seldom is so clear.
> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.
Translation: > However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.
I believe that's pretty common and a sane approach.
Local news say otherwise
They make money reporting what people want to read and that's not necessary what's true.
They may have been confusing or deliberately conflating things with the fact that in most western jurisdictions, you are not allowed to kill, for example, a fleeing trespasser or burglar. This is viewed as an entirely different situation from one where you are being threatened directly with immediate physical violence.
Presumably not the UK?
https://en.wikipedia.org/wiki/Tony_Martin_(farmer)
"Anthony Edward Martin was an English farmer who shot two burglars in his home [...] was convicted of murder, which was later reduced to manslaughter on grounds of diminished responsibility"