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Thursday, March 22, 2012

Law - "The 23 States That Have Sweeping Self-Defense Laws Just Like Florida’s"

That is the headline to this article today by Cora Currier in ProPublica. From the story:

Most states have long allowed the use of reasonable force, sometimes including deadly force, to protect oneself inside one’s home — the so-called Castle Doctrine. Outside the home, people generally still have a “duty to retreat” from an attacker, if possible, to avoid confrontation. In other words, if you can get away and you shoot anyway, you can be prosecuted. In Florida, there is no duty to retreat. You can “stand your ground” outside your home, too.

Florida is not alone. Twenty-three other states now allow people to stand their ground. Most of these laws were passed after Florida’s. (A few states never had a duty to retreat to begin with.)

Here’s a rundown of the states with laws mirroring the one in Florida, where there’s no duty to retreat in public places and where, in most cases, self-defense claims have some degree of immunity in court. (The specifics of what kind of immunity, and when the burden of proof lies on the prosecution, vary from state to state.)

Included in the list of 23 states, each of which links to the relevant statutes, is Indiana.

The Indiana link is to IC 35-41-3, Defenses Relating to Culpability.

The version linked to, however, is now out-of-date, because SEA 1, which makes major changes to one of the sections, IC 35-41-3-2, took effect immediately upon being signed into law by Governor Daniels on Tuesday evening, March 20th.

Posted by Marcia Oddi on March 22, 2012 06:32 PM
Posted to General Law Related