fulanigirl

fulanigirl, 1 year ago

#BlackMastodon #BlackFediverse #BlackTwitter #Law #CriminalJustice #StandYourGround
You can use deadly force to protect yourself if the person attacking you is using deadly force and you reasonably believe you are in danger of death or serious bodily injury. If someone attacks you with a wet towel you can't gun them down with an AR 15. That's not proportional. 2/9

fulanigirl, 1 year ago

#BlackMastodon #BlackFediverse #BlackTwitter #Law #CriminalJustice #StandYourGround
Also, you cannot be the initial aggressor meaning you can't start the fight, although as we
know from Trayvon Martin, if you are a white aggressor and you shot a black person, it doesn't matter that you started the fight. The law on self-defense did require that you had to try and retreat first if it was possible to do so without risk to the person retreating. 3/9

fulanigirl, 1 year ago

#BlackMastodon #BlackFediverse #BlackTwitter #Law #CriminalJustice #StandYourGround
Under CL there was an exception to duty to retreat. You know the British love their castles, so we had the "castle doctrine" which says if you are in your house when the person attacks you don't have to try and retreat, you can just go ahead and shoot them. 4/9

CL is common law.

fulanigirl, 1 year ago

#BlackMastodon #BlackFediverse #BlackTwitter #Law #CriminalJustice #StandYourGround
In the states that have Stand your Ground laws the laws have changed the duty to retreat precedent. In those states you can use deadly force anywhere, in the movie theater, in your car, just walking down the street. Your reaction to the threat still has to be reasonable. This is a question of fact meaning a jury will decide whether your actions were reasonable. 5/9