Wednesday, April 27, 2005

Retreating Is for Pussies

The common law has long recognized, via the concept of self-defense, that people have a right to use force, including deadly force, to protect themselves. Most states maintain a common law requirement that before a person can resort to deadly force he or she must retreat - try to get away from the dangerous situation. Deadly force, in whatever form you choose, should be the last option (generally, there's no duty to retreat in your own home). But now, with the help of the NRA, folks in Florida no longer have to retreat, thanks to a new law recently signed by Jeb Bush. Proponents of the law argue that it takes the burden off of a victim of attack to make split second legal decisions at the point of a gun. Gun control advocates are concerned that Florida will now resemble the Wild West, with residents resorting to gunplay to solve minor squabbles.

I can't see either angle being completely true. For one thing, self defense still only applies when your life is actually in danger (or there is a risk of serious bodily harm), so I doubt juries will acquit someone who overreacts to a non-threatening situation with a gun. On the other hand, I can't see someone really faced with a life or death situation to ever consider what the law requires or allows. Instinct is bound to take over. I suppose the main result may be more acquittals in self defense cases, which I suppose could be a good thing.

No comments: