Where I grew up, and currently live, there are no duty to retreat laws.
And generally speaking, there are none in most states. But you have to be careful on that. In Missouri, for example, the only relevant reference in the law to the concept of retreat is in the part that states that there is
no duty to retreat
if the actor is within his domicile or automobile.
However, if a citizen is not in his home, tent, hotel room, or car, he
must retreat
if safe retreat is possible (for himself and family, of course), but that's not actually stated in the law. It's in the case law, and it traces its origin at least as far back as the origins of the English Common Law, in which the laws of all of our states but one are rooted.
Some states have laws similar to ours, others extend the "castle docrine" to the garage and/or place of bsiness, and still others state that a person need not retreat from any place in which he has a right to be.
Look for something in the law that says that you do
not have to retreat if possible, not for the absence of an explicit requirement to retreat. If you don't find it I would assume that the duty to retreat exists unless your attorney says otherwise.
For example, Washington State has no castle law per se, but I understand that binding court rulings have established that the doctrine exists. Lay opinion.
A crime (as you keep referring to the term murder) is not defined by "what if's".
....but by the law, the facts, the evidence, and what a reasonable person would have done....
If the threat of eminent danger exists, and it can be substantiated, then it is justifiable; threfore, not murder.
Necessary but not always sufficient. If a person reasonably believes that the threat is imminent (A, O, J)
and that the use of deadly force was
necessary, a person would be justified in using deadly force. Of course, unless he is indoors or in his car, where the presumption of imminent danger may exist, he will in most places have the burden of producing evidence to that effect.
And unless it is justified or accidental, homicide is murder.
Here are a couple of good reads on the subject. They are too long to paste.
Read all of this one, but pay particular attention to the section on "preclusion" in the third chapter:
http://www.useofforce.us/
BTW Anyone who presents the threat of eminent danger, such as attacking with a knife or firearm, forfeits their individual rights.
I don't think that's legally correct.
That is why we are so careful to teach students not to engage in the defense of another unless you are 110% certain of ALL the facts of the conflict - as you would inherit the rights of those whom you would defend. Heaven forbid you choose the wrong side based on what you thought you saw.
Excellent advice!
