Ray From Cleveland
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- Aug 16, 2015
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At one time some states required you to retreat from an intruder in your home if you could. Apparently that has changed over the years. I wasn’t aware of all the changes.
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What Is DUTY TO RETREAT and How Does It Work? - U.S. LawShield
“Duty to retreat” is a phrase you’ll hear from time to time when discussing lawful self-defense. Join us as we discuss this legal term so that you understand when a state has a duty to retreat law.www.uslawshield.com
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Interestingly, the duty to retreat only applies in public settings. None of the states with a duty to retreat require that a person retreat in their own home, a term commonly referred to as "castle doctrine ." Four states (Connecticut, Delaware, Hawaii, and Nebraska ) take this a step further, saying that there is no duty to retreat when a person is at their place of work. Wisconsin also has this requirement, but only if you are the owner/operator of the business. Additionally, in Wisconsin, the duty to retreat doesn't apply if the person is in their car.
It was like that in my state for years until they created a Castle Doctrine. Even if deadly force was justified they still charged you with manslaughter. Of course nobody ever was arrested or convicted of it, it was all a dog and pony show.
Also before the castle doctrine you could still be held liable by the criminal or the family even if the shooting or killing was justified. Even if somebody broke into your home while you were gone and they tripped on a blanket laying on the floor and hurt themselves, they could sue you for that.
Looking back at those laws today is laughable.