Results 1 to 2 of 2

Thread: No duty to retreat

  1. #1
    Regular Member TechnoWeenie's Avatar
    Join Date
    Jul 2007
    Location
    , ,
    Posts
    2,086

    No duty to retreat

    Haven't seen this on here, but it's always being discussed.

    We're all aware of the case law surrounding it, but I actually found the jury instruction, pretty much solidifying the fact that WA has 'castle doctrine'...


    WPIC 16.08 No Duty To Retreat

    It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force. The law does not impose a duty to retreat.
    NOTE ON USE

    The instruction supplements the other instructions in WPIC Chapter 16. It should be combined with other instructions when warranted by the facts in a particular case.

    A list of jury instructions can be found @ http://government.westlaw.com/linked...?SP=wcrji-1000

  2. #2
    Opt-Out Members BigDave's Avatar
    Join Date
    Nov 2006
    Location
    Yakima, Washington, USA
    Posts
    3,463
    There is instructions in two places concerning No Duty to retreat;



    WPIC CHAPTER 16. Justifiable Homicide
    WPIC 16.08 No Duty To Retreat
    It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force. The law does not impose a duty to retreat.



    WPIC CHAPTER 17. Lawful Force-Charges Other Than Homicide
    WPIC 17.05. --No Duty To Retreat
    It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force.
    [The law does not impose a duty to retreat.][Notwithstanding the requirement that lawful force be “not more than is necessary,” the law does not impose a duty to retreat. Retreat should not be considered by you as a “reasonably effective alternative.”]



    Note in the instructions for Chapter 17.05 "Retreat should not be considered by you as a “reasonably effective alternative" is pretty strong wording to the jury.
    Last edited by BigDave; 08-07-2011 at 06:15 PM.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •