Retreat Doctrine to Self-Defense in Criminal Law

Introduction Whether a defendant is obliged to retreat before using power to defend himself is a controversial topic in the Criminal Code. Depending on the jurisdiction, there is an obligation to prove that its defense is to justify that the act is rational or necessary. But in other jurisdictions, the court is even reluctant to deny such a request. In this article, we first verify the principle of Hong Kong's recession and then compare it with other jurisdictions in the United States.

The self-defense theory meets the requirements for withdrawal. A non-criminal attacked by another felony sticks to his position and may kill if it meets the conditions necessary for legal self-defense. However, some countries, even in such cases, require that parties claiming to be redeemed must avoid the danger by retreating without increasing the risk. When the party contributes to a fight to a certain extent, he needs to make every effort to withdraw. If he begins a fight by initiating a massive attack, he will completely withdraw from the conflict and explicitly state the counterpart to stop further attacks before he can claim the right of self-defense Informally.

Self-defense theory is a long-standing legal defense, but the boundary of doctrine is constantly changing. Historically, some states in the US have stated that people have "a withdrawal obligation" before using deadly forces to protect themselves. "Castleism" says that this obligation is not applicable when a person is attacked at their home. Since 2005, 23 states adopted the "fixed scaffolding" law which officially extends castle rhythm to public place, and when "others reasonably worried" that other people are seriously injured, We are using easy-to-use power. In that case, the person may have the right to be exempt from criminal prosecution or civil liability. Indeed, these laws give the police authority to civilians without the police training and responsibility.

In the "stable position" law, people can use fatal forces to defend themselves and there is no obligation to retreat in the face of reasonably recognized threats. These laws extend the "doctrine of the castle", that is, "People are protected by law and protect themselves with deadly power when their wealth and their families are invaded." When Trayvon Martin was filmed in Freud in late February, the law surrounding "keeping the position" raised a controversy, but not all facts of the incident have been announced, but armed neighbors watch security guards What is well known. George Zimmerman shot and killed the unarmed Martin after he chased, but when he died he did not have any weapons ice tea