Thread: Duty To Retreat?
I have been reading through Iowa Code 704, and have been unable to find the part that says we, as Iowans, have a duty to retreat. Someone please verify, and if I am wrong, please cite the specific code that "DTR" is under. Thanks.
The duty to retreat is from English Common Law, common to all US states except Louisiana, with its legal roots in the Napoleonic Code, and some New York civil code from the Dutch.
You have the duty to retreat unless doing so is going to risk your life or safety. Saying you are not required to retreat from your dwelling, place of business, or employment infers that you have the duty to retreat every time else unless doing so is going to put you in harms way and case law backs that up. It isn't too bad though because if you are going to have to shoot someone in defense you probably do not have the option to do something else.704.1 REASONABLE FORCE.
"Reasonable force" is that force and no more which a
reasonable person, in like circumstances, would judge to be necessary
to prevent an injury or loss and can include deadly force if it is
reasonable to believe that such force is necessary to avoid injury or
risk to one's life or safety or the life or safety of another, or it
is reasonable to believe that such force is necessary to resist a
like force or threat. Reasonable force, including deadly force, may
be used even if an alternative course of action is available if the
alternative entails a risk to life or safety, or the life or safety
of a third party, or requires one to abandon or retreat from one's
dwelling or place of business or employment.
Some states have or are in the process of changing this concept. The "Castle Doctrine" or "Stand your ground" laws usually say something to the essence of 'if you're somewhere you have a legal right to be, then you don't have to first retreat before exercising your right of self-defense.'
Lower the crime rate by lowering the criminal survival rate!
When people say 'God Bless America' I'm sure He says, "I gave you Texas!"
I certainly agree with your last salient remark. Indeed, if one has to use his / her weapon to shoot someone in self-defense, you would definitely be at the proverbial "end of your rope". I pray that I'm never put in this sitution, but daily prepare myself mentally and technically for that scenario.
Last edited by MilProGuy; 10-24-2011 at 07:59 PM.
Proud Veteran ~ U.S. Army / Army Reserve
Mississippi State Guard ~ Honorably Retired