Duty to retreat? Why do criminals have laws to protect them as they do as they please? Have we all lost our minds?

2015-05-26T15:39:12-04:00

Why is there duty to retreat laws? At what point in America do I have to stand aside and let a criminal break into my home, take my stuff, have at my wife and kids, as I have to go out the back door and let them. Why do criminals have laws that protect them as they are allowed to brake the law?

Response by LTC Private RallyPoint Member made May 26 at 2015 3:41 PM

2015-05-26T15:41:04-04:00

We have a lot of things to fix for sure!

Response by SrA Edward Vong made May 26 at 2015 3:43 PM

2015-05-26T15:43:01-04:00

I think it boils down to the value of human life vs belongings. When yourself or your family feel the are in actual danger, then by all means go nuts. But is the value of human life worth a computer or TV? This doesn't mean you can't attack through other non-deadly means.

I'm sure the criminal will eventually get what they deserve when the crime is reported.

Response by Sgt Aaron Kennedy, MS made May 26 at 2015 4:01 PM

2015-05-26T16:01:42-04:00

It's a carry over of English Common Law, which made protection of property not as important as protection of life.

You can ALWAYS protect your own life. The issue is that escalation to protect property was a potential issue. Hence the "Duty to retreat." Duty to retreat is actually more of a "what it is not" than anything now. Stand your Ground laws have become more commonplace in modern times, and the majority of states have laws that protect the concept.

The issue however is "Duty to retreat" forces you to prove your actions, specifically that you did indeed protect yourself. It's justification.

Response by PO1 Dustin Adams made May 26 at 2015 4:14 PM

2015-05-26T16:14:04-04:00

All it takes for evil to prosper is for good men to do nothing.

If someone is invading the sanctity of my home or brandishing a weapon in a threatening manner then they will be stopped by any means necessary up to and including deadly force. As a LEO friend says "Better to be judged by 12 then carried by 6".

Most states still allow for the castle doctrine.

http://en.wikipedia.org/wiki/Castle_doctrine

Castle doctrine - Wikipedia, the free encyclopedia

A castle doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode (or, in some countries, any legally occupied place [e.g., a vehicle or workplace]) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend himself or herself against an intruder, free from legal...

Response by PO2 Skip Kirkwood made May 26 at 2015 11:51 PM

2015-05-26T23:51:32-04:00

So, I'm a long-time lawyer. Not a personal defense specialist, but informed - at least to the extent that I need to be to comfortably go about armed myself.

I don't know of any "duty to retreat" laws. While there are some weird statutes and cases floating around, all you really need to do is act "reasonably" in the eyes of a jury and you're OK. You can't kill in defense of property, most times, but you can surely protect other human beings without retreat.

I'm thinking that you've got some bad advice, or bad education, from non-legal sources. I suggest a short session with a lawyer who practices criminal defense - preferably the guy that the local PD officers hire when involved with a shooting. Also, join the US Concealed Carry Association - they maintain lists of lawyers qualified to deal with these issues in each state. And their membership includes "defense insurance" so that you don't go bankrupt defending a "good shoot." For legal stuff, get your advice from a real lawyer with the necessary expertise and be careful what you "learn" from social media!

As one sheepdog to another, etc......good luck!

Response by PO3 Private RallyPoint Member made May 27 at 2015 7:43 AM

2015-05-27T07:43:15-04:00

Brother you just need to move to Texas we are all for shoot first ask questions later :)

Response by Cpl Jeff N. made May 27 at 2015 7:48 AM

2015-05-27T07:48:50-04:00

We have stand your ground laws here in Florida. There is no requirement to give way if someone is in your home or even coming after you in public.

The key is that you need to be able to say that you felt your life or others were in danger. That is something that is almost always the case when someone enters your home to commit a crime.

I would never want to shoot anyone but would not hesitate if they were in the house.

Response by SGT Jimmy Carpenter made May 31 at 2015 5:04 PM

2015-05-31T17:04:34-04:00

Most states have a castle doctrine where you can legally use deadly force to protect yourself and family inside your home. There are a few states that make it difficult for you to do that and making it less dangerous for criminals. If you live in a state that strictly limits or even prohibits your 2nd amendment rights, then it's probably safe to assume that the scales are tilted in favor of the criminal.

Response by SCPO Private RallyPoint Member made May 31 at 2015 5:44 PM

2015-05-31T17:44:48-04:00

Jason, I am also retired from a civilian law enforcement career. Though states can and often vary in how their criminal statutest are written, I think one would be very hard pressed to find any state that disallowed you to protect your family and property in the stuations AS YOU WROTE IN YOUR INQUIRY. But, for example, a perp is breaking into your barn out in the backyard. Going after him with a gun and wounding him MIGHT find you charged with assault in some states. If you chased the perp from your home after you were alerted to his presence and, let's say, that he assaulted you and you chased him from your home by pointing a gun at him, THEN you ran after him, caught up a block or two later, and popped a cap on him, same thing would likely apply. But, remember this: a prosecutor is an elected position. If he works in a major law and order county, he may nolo pros your case...pink sheet it. He also may send it to a Grand Jury who might be equally inclined. But, your duty to retreat basically begins when the perp no longer poses an imminent threat to you, your family, or your property. Criminals have no such legal requirement because they're in the process of breaking the law!!!