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State (1877), the Indiana court rejected a duty to retreat, saying, [1]: 551–2 [5] "the tendency of the American mind seems to be very strongly against" a duty to retreat. [5] The court went further in saying that no statutory law could require a duty to retreat, because the right to stand one's ground is "founded on the law of nature ; and ...
Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force ...
State v. Abbott, 36 N.J. 63, 174 A.2d 881 (1961), [1] is a landmark case in the American legal doctrine of retreat.In it, the New Jersey Supreme Court unanimously adopted a duty to retreat—a legal requirement that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must instead retreat to a place of safety. [2]
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 any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
In the U.S., most states apply instead the stand your ground doctrine of self-defense; whereby an otherwise law abiding individual, while in any location they have a legal right to be, enjoys an extremely broad right to self-defense, being under no legal obligation to retreat from an agressor regardless of ease or ability to do so.
Under the common law rule and the rule in a minority of states, the actor must have shown that he or she retreated prior to using deadly force unless: 1) it was not safe to retreat; or 2) the incident occurred at the actor's home. [14] In addition, the Model Penal Code requires retreat or compliance, if it can be done with complete safety. [15]
Board members argued they were exempt from the 24-hour notice requirement of the Pennsylvania Sunshine Act because they hadn't received the union's tentative agreement until the day of the public ...
This list of U.S. states by Alford plea usage documents usage of the form of guilty plea known as the Alford plea in each of the U.S. states in the United States. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine [4] [5] [6]) in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and ...