user987654321
Member
In most states, a person generally does not have a duty to retreat and is said to have the right to stand their ground if the person using or threatening to use the deadly force is (1) not engaged in a criminal activity and (2) is in a place where he or she has a right to be.
What exactly does "...in a place where he or she has a right to be..." mean? Are there any strange cases where someone have used this as an excuse to poke holes in a self defense claim?
An example seems warranted!
You find yourself are in a park after hours or say you are fishing from a certain (public) dock. Sign clearly says park closed after a certain time but people can still find their way into the park or sign by the dock also clearly says no fishing at the said dock per local ordinance. If there was some sort of incident or fracas where someone is attacked at the park or by the dock, does it mean a victim of a crime cannot defend him or herself or stand their ground because they are deemed to be "... in a place where they technically or legally should not have been.."?
Obviously you cant break into someones house to rob the place and claim self defense when confronted by the owner but there are instances where you can find yourself in a place that you technically shouldnt have been. Does this mean you cannot stand your ground or defend yourself in such situations?
What exactly does "...in a place where he or she has a right to be..." mean? Are there any strange cases where someone have used this as an excuse to poke holes in a self defense claim?
An example seems warranted!
You find yourself are in a park after hours or say you are fishing from a certain (public) dock. Sign clearly says park closed after a certain time but people can still find their way into the park or sign by the dock also clearly says no fishing at the said dock per local ordinance. If there was some sort of incident or fracas where someone is attacked at the park or by the dock, does it mean a victim of a crime cannot defend him or herself or stand their ground because they are deemed to be "... in a place where they technically or legally should not have been.."?
Obviously you cant break into someones house to rob the place and claim self defense when confronted by the owner but there are instances where you can find yourself in a place that you technically shouldnt have been. Does this mean you cannot stand your ground or defend yourself in such situations?