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Example of the Duty to Retreat

5 十月, 2015 - 09:31

Sandy and Sue have an argument in the park. Sue pulls a knife out of a sheath that is strapped to her leg and begins to advance toward Sandy. Sandy also has a knife in her pocket. In a state that follows the retreat doctrine, Sandy must attempt to escape, if she can do so safely. In a state that follows the stand-your-ground doctrine, Sandy can defend herself using her own knife and claim lawful self- defense. Note that Sandy was not the initiaaggressorin this situation. If Sandy pulled a knife first, she could nouse the knife and claim self-defense, whether the state follows the stand-your-ground doctrine or the duty to retreat doctrine.