States with Stand your Ground - States with Duty to Retreat - Clarity is needed

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USA AMERICA |  To help ensure that information is shared for informed decision making, Milwaukee Professionals Association LLC will publish often information about Stand your Ground for spreading the news.  If you are thinking that this is only geared to African Americans, you got another thought coming.  Yes.  African Americans have been adversely affected with the precious lost of two of our 17 year old teen males, Trayvon Martin and Jordan Davis, just a few months apart in 2012.  It was also the year, 2012, Marissa Alexander received a 20-year sentence for shooting a warning shot to the wall during a battery assault of her estrange husband;. while associated with this law.  Being informed helps the citizenry separate myths and misconceptions from the truth.

Stand your Ground law in Florida lacks clarity.  In fact, it is the wrongful instructions given by the judge that was with the first trial for Marissa Alexander in 2012 that is the grounds for the NEW trial Marissa is now waiting on in March, 2014.  She has spent 2 of 20 years in prison.  She is now on "house arrest" as she waits for the NEW trial.  Then, there is the 10-20-life law of Florida that connected to the Stand your Ground law in Florida.  These are but some of the reason that Milwaukee Professionals Association LLC has launched the NOW IS THE TIME - REPEAL STAND your GROUND law.

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States w/Stand your Ground law

The following information is taken from Findlaw.

Many states have enacted so-called stand your ground laws that remove the duty to retreat before using force in self-defense. Florida passed the first such law in 2005, generally allowing people to stand their ground instead of retreating if they reasonably believe doing so will "prevent death or great bodily harm."

Other states followed with laws specifically affirming one's right to defend themselves, even outside of their homes and with deadly force if necessary. The wording of the each state's laws will vary, but typically require you to have a right to be at the location. Here are the states that have passed stand your ground laws: 

• Alabama
• Arizona
• Florida
• Georgia
• Indiana
• Kentucky
• Louisiana
• Mississippi
• Montana
• Nevada
• New Hampshire
• Oklahoma
• Pennsylvania
• Tennessee
• Texas
• Utah

Note that some states have adopted stand your ground-like doctrines through judicial interpretation of their self-defense laws -- but they are not included in this list.

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Some states have self-defense laws on the books that are similar to stand your ground laws, often with at least one key difference. These laws generally apply only to the home or other real property (such as an office) and are often referred to as "castle doctrine" or "defense of habitation" laws. These states include: Idaho, Illinois, Kansas, Michigan, Oregon, South Carolina, South Dakota, Washington, and West Virginia.

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Duty to Retreat States

 On the other end of the legal spectrum, some states have laws imposing a duty to retreat. A duty to retreat generally means that you are not allowed to resort to deadly force in self-defense if it is possible to safely avoid the risk of harm or death (by running away, for example). If that is not an option, say if you were cornered or pinned down and facing serious harm or death, then you would be authorized to use deadly force in self defense. The following states impose some form of duty to retreat before using deadly self defense: 

• Arkansas
• Connecticut
• Delaware
• Hawaii
• Iowa
• Maine
• Maryland
• Massachusetts
• Missouri
• Minnesota
• Nebraska
• New Jersey
• New York
• North Dakota
• Ohio
• Rhode Island
• Wisconsin
• Wyoming

Laws on self-defense vary widely from state to state and may have minor, but crucial differences in their language and application. For an in depth understanding of self-defense laws and how they work in your state, consider contacting a local criminal law attorney.