Quantum Windbag
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- May 9, 2010
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I just did a little research because of something [MENTION=38085]Noomi[/MENTION] said in another thread. It seems that not only is she completely wrong about how stand your ground laws work here, she is totally ignorant about the fact that Australia has the same basic understanding of the right to self defense as Florida.
That got me to thinking, how many other countries have stand your ground laws? It turns out that most of them do.
Is stand your ground unique to the United States? - Slate Magazine
That got me to thinking, how many other countries have stand your ground laws? It turns out that most of them do.
Jurors in the George Zimmerman murder trial discussed Floridas stand your ground law before reaching a not guilty verdict on Saturday, according to juror B37. The controversial law eliminates the obligation to retreat before using deadly force in self-defense, even if it would be safe to do so. Do other countries require their citizens to retreat before using deadly force?
Many do not. English common law imposes a duty to retreat whenever it is safe. In continental Europe, the duty applies only when the defender provokes the attack, or when the attacker doesnt understand the situation. (Europeans must retreat from young children with guns, for example.) Nor is there a general duty to retreat in countries like Japan and Argentina, which derive their criminal-law systems from Europe. Even England, originator of the duty to retreat, repealed the doctrine in 1967 by statute. Defenders of the European system argue that imposing a duty to retreat may prevent the attack on the victims life, but it permits an attack on his legal rightsthe right to be in a public place, the right to move freely, etc. By passing the stand your ground law, Florida brought its laws closer to those of Europe. Otherwise, the U.S. is in the minority in having, within some states, an explicit duty to retreat.
Is stand your ground unique to the United States? - Slate Magazine