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Castle Doctrine or Stand Your Ground?

kparker

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No specific legislation that I am aware of, but some significant case law (someone who knows better how to look that stuff up will hopefully fill in the particulars)
 

BigDave

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Washington Practice Series TM
Database Updated November 2011

Washington Pattern Jury Instructions--Criminal
2008 Edition Prepared by the Washington Supreme Court Committee On Jury Instructions, Hon. Sharon S. Armstrong, Co-Chair, Hon. William L. Downing, Co-Chair

Part IV. Defenses
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.


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.

COMMENT

The instruction is based upon State v. Allery, 101 Wn.2d 591, 682 P.2d 312 (1984). In Allery, a prosecution for second degree murder, the court held that because the evidence showed that the defendant was feloniously assaulted in a place where she had a right to be, the jury should have been instructed that the defendant had no duty to retreat, and that it was reversible error to refuse to give a “no duty to retreat” instruction.

This instruction is not necessary in every case in which there is sufficient evidence to support a self-defense instruction. State v. Studd, 137 Wn.2d 533, 973 P.2d 1049 (1999); State v. Frazier, 55 Wn.App. 204, 777 P.2d 27 (1989); State v. Thompson, 47 Wn.App. 1, 733 P.2d 584 (1987). A “no duty to retreat” instruction need not be submitted if the defendant was actively retreating at the time of the fatal act. State v. Thompson, 47 Wn.App. 1, 5–6, 733 P.2d 584 (1987). Care must be taken, however, to distinguish a full-fledged retreat from the “ebb and flow” or “circling” common in a street fight. See State v. Williams, 81 Wn.App. 738, 742–43, 916 P.2d 445 (1996). Failure to give a “no duty to retreat” instruction in the latter circumstance is error. State v. Williams, 81 Wn.App. at 744.

In Williams, the Court of Appeals “clarif[ied] the rule” to hold that “where a jury may conclude that flight is a reasonably effective alternative to the use of force in self-defense, the no duty to retreat instruction should be given.” Noting that other states would require the taking of an available withdrawal rather than the use of deadly force and that the wisdom of a contrary policy was “open to debate,” the court adhered to what it called the long standing policy of Washington that one “should not be made to yield and flee by a show of unlawful force against him.” 81 Wn.App. at 744. See also State v. Wooten, 87 Wn.App. 821, 945 P.2d 1144 (1997).

The Washington Supreme Court has approved the Court of Appeals' holding in Williams, and further indicated that a no-duty-to-retreat instruction should be given where a defendant's testimony includes speculation regarding the chances for a successful retreat. State v. Redmond, 150 Wn.2d 489, 494–95, 78 P.3d 1001 (2003).
A defendant is not entitled to a no-duty-to-retreat instruction where there is no evidence that anyone other than the defendant was the original aggressor. State v. Benn, 120 Wn.2d 631, 845 P.2d 289 (1993).
[Current as of July 2008.]

Westlaw. © 2011 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

11 WAPRAC WPIC 16.08
 
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BigDave

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Thanks, Big Dave! Interesting that it would be in Jury Instructions, but not in RCW.

Welcome, in Washington State stand your ground is based in case law and many feel this is much stronger as it has been through the Washington State Courts, cited cases listed in the notes.

Note that even though our state supports the stand your ground it must be necessary and reasonable.
 
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1245A Defender

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Well,,,

Welcome, in Washington State stand your ground is based in case law and many feel this is much stronger as it has been through the Washington State Courts, cited cases listed in the notes.

Note that even though our state supports the stand your ground it must be necessary and reasonable.

I do think that "necessary and reasonable" is bull scat,,, that you just made up....
The whole point of "stand your ground" is that "you" do NOT,,, have to find a place to run away to, or from, a threat....

Washington state has , both Castle doctrin, and Stand you ground, either through RCW or case law,,, and they both work great!!!
 

sudden valley gunner

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Whatcom County
I do think that "necessary and reasonable" is bull scat,,, that you just made up....
The whole point of "stand your ground" is that "you" do NOT,,, have to find a place to run away to, or from, a threat....

Washington state has , both Castle doctrin, and Stand you ground, either through RCW or case law,,, and they both work great!!!

And we are still free jurors in this state jury instructions hold no weight of law.
 
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BigDave

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I do think that "necessary and reasonable" is bull scat,,, that you just made up....
The whole point of "stand your ground" is that "you" do NOT,,, have to find a place to run away to, or from, a threat....

Washington state has , both Castle doctrine, and Stand you ground, either through RCW or case law,,, and they both work great!!!

Bull Scat, lol with out it being necessary and reasonable then anyone could go about shooting anyone who might have looked at them in a different way, said the wrong thing, bumped into them while waiting in line.
Does this concept really shake you to the core?
Don't you think someone needs cause before possibly taking a life?

You think I made up the definition or how it applies to entire chapter in RCW 9A.16, Necessary and Reasonable, :lol: take a look at RCW 9A.16.010 Definitions and are requirements, exactly what are you afraid of an epiphany?

The definition of Necessary in 9A.10.010 does not require anyone to try and run away or hide but is a requirement of a lesser force, if reasonable to defend yourself or another against an unlawful force.:eek:

As seen recently in Chehalis where a home owner defended himself in their home versus in Vancouver, WA where a man shot another during car prowl, fight and then according to the news the car prowler was walking away and shot 4 times in the chest, many will not see that as being reasonable as the imminent threat had dissipated.
 

1911er

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Bull Scat, lol with out it being necessary and reasonable then anyone could go about shooting anyone who might have looked at them in a different way, said the wrong thing, bumped into them while waiting in line.
Does this concept really shake you to the core?
Don't you think someone needs cause before possibly taking a life?

You think I made up the definition or how it applies to entire chapter in RCW 9A.16, Necessary and Reasonable, :lol: take a look at RCW 9A.16.010 Definitions and are requirements, exactly what are you afraid of an epiphany?

The definition of Necessary in 9A.10.010 does not require anyone to try and run away or hide but is a requirement of a lesser force, if reasonable to defend yourself or another against an unlawful force.:eek:

As seen recently in Chehalis where a home owner defended himself in their home versus in Vancouver, WA where a man shot another during car prowl, fight and then according to the news the car prowler was walking away and shot 4 times in the chest, many will not see that as being reasonable as the imminent threat had dissipated.

the car prowler was walking away and shot 4 times in the chest!!!W T F dosen't sound like he was walking away to me if he was shot in the chest.
 

rapgood

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I do think that "necessary and reasonable" is bull scat,,, that you just made up....
The whole point of "stand your ground" is that "you" do NOT,,, have to find a place to run away to, or from, a threat....

Washington state has , both Castle doctrin [sic], and Stand you ground, either through RCW or case law,,, and they both work great!!!

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, are irritating. Please learn the use of PERIODS (these things ..............................................................................................................................................................................................................................................................................................................................)
 

BigDave

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the car prowler was walking away and shot 4 times in the chest!!!W T F dosen't sound like he was walking away to me if he was shot in the chest.

Through the years I have seen on several occasions people back up from a threat and often holding their hands up to show no threat, yes while backing away.
 
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1245A Defender

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Wowwie!!!

Bull Scat, lol with out it being necessary and reasonable then anyone could go about shooting anyone who might have looked at them in a different way, said the wrong thing, bumped into them while waiting in line.
Does this concept really shake you to the core?
Don't you think someone needs cause before possibly taking a life?

You think I made up the definition or how it applies to entire chapter in RCW 9A.16, Necessary and Reasonable, :lol: take a look at RCW 9A.16.010 Definitions and are requirements, exactly what are you afraid of an epiphany?

The definition of Necessary in 9A.10.010 does not require anyone to try and run away or hide but is a requirement of a lesser force, if reasonable to defend yourself or another against an unlawful force.:eek:

As seen recently in Chehalis where a home owner defended himself in their home versus in Vancouver, WA where a man shot another during car prowl, fight and then according to the news the car prowler was walking away and shot 4 times in the chest, many will not see that as being reasonable as the imminent threat had dissipated.


Seriously,, bigdave??
did my post about SYG, imply that I, you, or anyone could, should or would use deadly force under those circumstances???
 

1245A Defender

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north mason county, Washington, USA
Well,,,

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, are irritating. Please learn the use of PERIODS (these things ..............................................................................................................................................................................................................................................................................................................................)

Sooo,,, A lawyer, that I met, in Olympia, on feb 8, during a 2A rally, and I was impressed with...
Has Nothng to write about my post about SYG...
He doesnt even respond to bigdaves rediculas reply...
He just wants to complain about my excessive use of ........... and ,,,,,,,,,,,,,,,

I write like I talk...
When I tell you something,,, you will know when my sentence ends,,, and when I am making a point!!!

When I need to call a Good lawyer,, especially if it is a Stand your ground case,,,
I will NOT be calling YOU,,,
my wallet is thinner now, I just took out your card,,, tore it in half,, and threw it in the trash..............
 

BigDave

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I do think that "necessary and reasonable" is bull scat,,, that you just made up....
The whole point of "stand your ground" is that "you" do NOT,,, have to find a place to run away to, or from, a threat....
Washington state has , both Castle doctrin, and Stand you ground, either through RCW or case law,,, and they both work great!!!

Seriously,, bigdave??
did my post about SYG, imply that I, you, or anyone could, should or would use deadly force under those circumstances???

As with your earlier post "necessary and reasonable" is bull scat,,, that you just made up...." your statement is 100% wrong.
You can read for yourself in RCW 9A.16.010 (1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

This is about State Law and is required through out Chapter 9A.16 which range from use of force to deadly force be it in the home or any legal area you have a right to be (hint that covers stand your ground and castle doctrine).

Your post suggested that there is no restrictions and clearly there are.
 

Flopsweat

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Slightly right of center
Sooo,,, A lawyer, that I met, in Olympia, on feb 8, during a 2A rally, and I was impressed with...
Has Nothng to write about my post about SYG...
He doesnt even respond to bigdaves rediculas reply...
He just wants to complain about my excessive use of ........... and ,,,,,,,,,,,,,,,

I write like I talk...
When I tell you something,,, you will know when my sentence ends,,, and when I am making a point!!!

When I need to call a Good lawyer,, especially if it is a Stand your ground case,,,
I will NOT be calling YOU,,,
my wallet is thinner now, I just took out your card,,, tore it in half,, and threw it in the trash..............

So you talk like a valley girl? :monkey
 

rapgood

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Location
Stanwood, WA
When I need to call a Good lawyer,, especially if it is a Stand your ground case,,,
I will NOT be calling YOU,,,
my wallet is thinner now, I just took out your card,,, tore it in half,, and threw it in the trash..............
Well, when you need a lawyer (especially if it is a "stand your ground" case), please feel free to call me anyway and I will gladly refer you to several superb attorneys who can provide you excellent representation.
 

1245A Defender

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Messages
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Location
north mason county, Washington, USA
Well,,

Well, when you need a lawyer (especially if it is a "stand your ground" case), please feel free to call me anyway and I will gladly refer you to several superb attorneys who can provide you excellent representation.

Ok I am making an,, "Im sorry" to you...

I got all but hurt because you complained about my puncutuation instead of the value of my words,
I get mad sometimes because folks get off on the wrong things, they waste the band width.

I am sorry I said mean things to you.

I still have your card,
I am still impressed with our meeting.

I am tired now, and I will stop writing....................................................................................................................................................................really,,,,, I cant stop making these...............................................................................................................................................................................................................................................................................................................................................................................................................................................
 
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