imported post
Citizen wrote:
Does the book cover only statutes? Or, does it also provide court opinion quotes with citations?
It provides both and more. That is, statutes, landmark court case quotes, or pattern/court approved jury instructions. Here is an example:
Lets take the duty to retreat. Common law rule is that one retreat to "the wall" before resorting to deadly force. Many states have upheld this common law rule in their statutes or in land mark cases. Other states have not and in fact have adopted a "stand your ground" statute or case ruling. These "stand your ground" laws have also been called "no duty to retreat laws," "make my laws" etc. Not to be confused with the Castle Doctrine (which is another topic we researched for every state). Note: language in the brackets is our commentary and will appear read in the book.
So here's what it will look like, the topic "duty to retreat" in every form:
Where we have found an answer to it (the duty to retreat or not before using deadly force) statutorily.
Alabama
[ No Duty to Retreat – Generally ]
ALA. CODE § 13A-3-23 (b).
. . .
(b) A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.
[ This no-retreat provision was added in 2006. Before that, in any place besides your home, you had to retreat (if it could be done safely) before you could use a deadly weapon to defend yourself. Because it’s so new, we haven’t found any case law that interprets it. Under the new law, you have no duty to retreat if you are in a place you have a legal right to be and are otherwise acting lawfully. Florida passed a similar law a few years ago and it received national media attention as the “Make-My-Day” law, named after a great line in the Clint Eastwood movie Sudden Impact. States like Utah and Texas have had such a law for years without blood running in the streets. Such laws act as a deterrent to hoodlums and muggers to leave law-abiding citizens alone. ]
Where we could not find it statutorily (meaning that particular state doesn't clarify the topic statutorily) we've included case law:
Wyoming
[ Duty to Retreat – Generally – Yes ]
“We have stated that the law in Wyoming requires that, prior to resorting to deadly force, a defendant has a duty to pursue reasonable alternatives under the circumstances, and that among those reasonable alternatives may be the duty to retreat.” Baier v. State, 891 P.2d 754 (Wyo. 1995).
[ Wyoming juries can consider retreat as a reasonable alternative to using deadly force. Unless you are in your own home, if you can do so without a significant risk of being injured, always retreat before using deadly force. ]
And finally court approved jury instruction:
Oklahoma
[ No Duty to Retreat – Generally ]
OUJI-CR 8-52 – DEFENSE OF SELF-DEFENSE – NO DUTY TO RETREAT
A person who was not the aggressor or did not provoke another with intent to cause an altercation or did not voluntarily enter into mutual combat has no duty to retreat, but may stand firm and use the right of self-defense.
[ If you are completely innocent, you have no duty to retreat before using force in self-defense. However, as explained above, you must retreat if you started a fight, agreed to fight, or provoked a fight. You must also retreat if you were trespassing when attacked. See jury instructions below. ]
For a better glimpse at what this material will look like in the book go to the link and look at some of the different states.
http://www.firearmslaw.com/content/self-defense_all_50_states_excerpt-standard.pdf
