Bloomberg Going After Stand Your Ground

Not surprising he’d target it. One clarification on New York law. New York does have the common law duty to retreat from an affray, but under New York Law you’re permitted to use deadly force, with no duty to retreat, to prevent the commission of a forcible felony. Nonetheless, if Martin was on top of Zimmerman, duty to retreat doesn’t play into this case.

7 thoughts on “Bloomberg Going After Stand Your Ground”

  1. Is it duty to retreat, or duty to retreat at the earliest possible opportunity? Does failing to retreat during a shouting match, which can quickly turn into a deadly situation, mean that you failed to retreat, or only after the initial physical contact?

    1. You may not have a legal duty to retreat, but you have a legal obligation to refrain from fighting. Fighting is not self-defense. Removing yourself if it is reasonable to do so is self-defense and an affirmative defense against fighting. Not sure whether you were defending yourself or fighting? That’s what judges are for.

      Not happy with that answer? That’s what explicit Stand Your Ground laws are about.

  2. Looks like its the talking point of the week.
    Shumer and Biden were on Sunday news shows with the same message.

    Even though its a State issue not Federal, see 10th Amendment.

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