stlouie_lipp wrote:
cardsfansince82 wrote:
stlouie_lipp wrote:
Do these "stand your ground" laws essentially get rid of the common law "duty to retreat" rule?
That's precisely what they do. You can already kill someone when the circumstances are warranted in any state and be found not guilty. With stand your ground you don't have to make any effort to avoid or diffuse the situation. You can even be the aggressor that initiates the whole thing and the law is still supposed to protect you. Basically it's up to the prosecutor to prove your fear wasn't reasonable, which is practically impossible. It's basically extending the same legal status of law enforcement to ordinary citizens.
Yikes! So they are basically saying "[expletive] you" to what had been established law for over a century through legislation sponsored by puppets of the NRA?!?!?!
Does anyone have a link to the new statute? I'd like to read it.
I believe this is it:
http://www.senate.mo.gov/16info/BTS_Web/Bill.aspx?SessionType=R&BillID=22246426The relevant addition in bold:
3. A person does not have a duty to retreat:
(1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;
(2) From private property that is owned or leased by such individual; or
(3)
If the person is in any other location such person has the right to be.The earlier paragraph does state that force is not defensible by the initial aggressor:
1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force
Which seems like a problematic exception given that I would think that often the only person other than the defendant who could establish such communication of withdrawal is dead, but obviously I have no idea how any of this actually works in practice and this bit isn't new.