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Home robbery victoms arested for defending themselves...

Aknazer

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Joined
Mar 6, 2011
Messages
1,760
Location
California

Some states have a "duty to retreat" law. I believe there was even a case posted on here at some point since I joined about an incident where the people were taken to court over unlawfully defending theirself cuz the state felt that they didn't retreat far enough.
 

Tucker6900

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Jul 10, 2008
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Iowa, USA
Some states have a "duty to retreat" law. I believe there was even a case posted on here at some point since I joined about an incident where the people were taken to court over unlawfully defending theirself cuz the state felt that they didn't retreat far enough.

As far as I know, Duty to retreat only applies outside the home. Castle doctrine or not, you have the right to defend yourself inside your home.
 
Last edited:

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Some states have a "duty to retreat" law. I believe there was even a case posted on here at some point since I joined about an incident where the people were taken to court over unlawfully defending theirself cuz the state felt that they didn't retreat far enough.

Iowa has a "duty to retreat", or as I call it, "Give a criminal the upper hand" law. Those laws are a joke, and go against everything the Constitution stands for.
 

NavyMike

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Joined
Oct 13, 2009
Messages
195
Location
Eastside, Washington, USA
Update to the story



The burglary victims have been released without charge, after the Crown Prosecution Office ruled that they acted in self defence.


http://www.telegraph.co.uk/news/ukn...asked-burglars-can-hold-their-heads-high.html

In a statement, Judith Walker, the chief prosecutor for the East Midlands, said: “Looking at the evidence, it is clear to me that Mr and Mrs Ferrie did what they believed was necessary to protect themselves, and their home, from intruders.
“I am satisfied that this is a case where householders, faced with intruders in frightening circumstances, acted in reasonable self-defence. We have therefore advised Leicestershire Police that Mr and Mrs Ferrie should be released from their bail as they will not face any charges over what happened.”
 

zack991

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Joined
Jul 29, 2009
Messages
1,535
Location
Ohio, USA
The burglary victims have been released without charge, after the Crown Prosecution Office ruled that they acted in self defence.


http://www.telegraph.co.uk/news/ukn...asked-burglars-can-hold-their-heads-high.html

In a statement, Judith Walker, the chief prosecutor for the East Midlands, said: “Looking at the evidence, it is clear to me that Mr and Mrs Ferrie did what they believed was necessary to protect themselves, and their home, from intruders.
“I am satisfied that this is a case where householders, faced with intruders in frightening circumstances, acted in reasonable self-defence. We have therefore advised Leicestershire Police that Mr and Mrs Ferrie should be released from their bail as they will not face any charges over what happened.”

You dont see that very often, normal they release the criminal and toss the home owner in jail.
 

SouthernBoy

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Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
As far as I know, Duty to retreat only applies outside the home. Castle doctrine or not, you have the right to defend yourself inside your home.

When I was in college, I wrote a paper on the use of firearms for defense. In my research, I found that Massachusetts had a duty to retreat law which included in your home. In fact, I found one case where a woman had retreated to her basement with her children and a revolver and when the perp appeared at the top of the basement stairs with a kitchen knife in hand, she shot him. She was tried and convicted and sentenced to prison and a fine.

I have no idea if Massachusetts still has such a law on the books. What surprised me was that South Carolina, at the time I did the report, also had a duty to retreat. I wrote that paper in the later 70's.
 
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