Thursday, August 8, 2013
Duty to Retreat
Dave Hardy notes that Connecticut has a duty to retreat, yet they are scrutinizing their self-defense laws (I.E. thinking about weakening them even further.) Here in Delaware you also have a "duty to retreat" in public. From commenter Norman Yarvin, here's CT's language. It's virtually identical to Delaware. In both states the duty only applies to defense of self. There is no duty to retreat when in defense of others. So if someone comes at me with an axe I have a legal duty to retreat (if I can do so with "complete safety" whatever the hell that means) My friend, however, could draw a pistol, shoot them, and not have an obligation to retreat first. I think most of my readers can see how positively moronic this is. "...a person is not justified in using deadly physical force upon another person if he or she knows that he or she can avoid the necessity of using such force with complete safety (1) by retreating ..." The instances in which someone defending themselves with deadly force would know that he / she could retreat with "complete safety" are vanishingly small.