Archived entries for nomoscapes

Abraham Lincoln and the Birth of Stand Your Ground : The New Yorker

This practice was fuelled by a principle of common law, traced brilliantly by the historian Richard Brown, in his book “No Duty to Retreat.” In English common law, there was an old concept that, if you were engaged in conflict and killed someone, to prove self-defense you had to demonstrate that your back was—in most cases, literally—against the wall. You had a “duty to retreat.” In America, the new concept was that you had no duty to retreat—indeed, you had an obligation not to retreat. You were more or less required to blast away at anyone who approached you with, as you saw it, ill will. You didn’t have to show that you had tried to escape the confrontation. In 1856, Texas law, Brown writes, gave private citizens “wide discretionary powers to kill their fellow citizens legally and with impunity.”

via Abraham Lincoln and the Birth of Stand Your Ground : The New Yorker.

Stand-your-ground law – Wikipedia, the free encyclopedia

A stand-your-ground law is a type self-defense law that gives individuals the right to use reasonable force to defend themselves without any requirement to evade or retreat from a dangerous situation. It is common in multiple jurisdictions within the United States. The concept sometimes exists in statutory law and sometimes through common law precedents. One key distinction is whether the concept only applies to defending a home or vehicle, or whether it applies to all lawfully occupied locations. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justify the accused’s conduct.

via Stand-your-ground law – Wikipedia, the free encyclopedia.



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