jus441_publicpolicyanddutytoretreat

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Public Policy and Duty to Retreat Scarlet Najera College of Humanities and Social Science, Grand Canyon University JUS-441: Criminal Procedure and Public Policy Professor Stemley February 5, 2022 1

Lethal self-defense has been used in several situations handled by the criminal court system. The definition of lethal self-defense is "the use of force to defend oneself against another's intended injury." Self-defense is a valid defense to several violent crimes and torts, such as murder, battery, and assault. The use of self-defense in legal proceedings dates back a long time. Prior to the middle of the 19th century, American criminal law permitted self-defense for any error on the necessity of lethal force, whether justified or unreasonable (Forell, C., 2010). Today, a variety of factors influence whether self-defense is used before the law considers the crime to be an accident. The first is the obligation to withdraw. The courts will examine whether the defendant did all within their ability to prevent the circumstance before committing the crime and if it was justified. In the article that follows, it will be discussed whether to change the Model Penal Code's provisions governing self-defense and if duty retreat should be made more comprehensive. Whether reasonable or unjust, forces (Forell, C., 2010). Privilege of Self-Defense Self-defense is allowed in situations where a peace officer cannot reach someone who is in danger right away. "The right to avoid suffering force or violence via the employment of a sufficient amount of counteracting force or violence is described as self-defense" (Gersen, 2017) When peace officers fail to protect citizens, they have the right to defend themselves. Self- defense was created to assist individuals in defending their homes, families, and selves against potential dangers. The right to self-defense gives people the authority to use force against or toward another person "when the actor believes that such force is immediately necessary for the purpose of protecting themselves against the use of unlawful force by such other person on the present occasion," according to the law (Gersen, 2017). Duty to Retreat 2

The responsibility to retreat is a legal requirement (in certain states) that expresses that a threatened person cannot hurt another in self-defense. To be more specific, if someone is being assaulted, they must first find a safe place to hide or take cover before attempting to harm the attacker. The duty to withdraw was reestablished as a matter of public policy in order to protect both the victim and the perpetrator. The phrase "concept of a responsibility to retreat" is taken from the American Journal of Public Health. It "plucks the more adaptable strings of innovation, solidarity, and optimism." The smarter course of action is to withdraw, which is desirable since it prevents the harm caused by violence to both the sufferer and the societal fabric (Burris, 2021). Retreating is regarded as the safer course of action since it avoids conflict and tackles the problem momentarily while also shielding both parties from possible harm. Duty to withdraw also shields individuals against false allegations. Numerous "threats" are fabricated by racists who base their charges on a person's skin color. In terms of public policy, the obligation to withdraw protects minorities against harm and violence perpetrated by those who employ self- defense to achieve their discriminatory goals. Model Penal Code Article III Through Jurisdiction The responsibility to withdraw should be expanded in the Model Penal Code. Duty to withdraw is a better alternative and doesn't call for violence, unless they are unable to go to a place that is secure from danger. Use of lethal force is permitted in specific situations under the Model Penal Code, but with the implementation of the duty to withdraw, it would not be an option. When you think about it carefully, many (but not all) of these transgressions are the result of stupid actions, individuals in need, and things that were taken out of context. Self-defense is just a pretext or a means for individuals to harm groups of people with whom they disagree or despise, making life more hazardous for minorities and others. Jurisdictions such as Texas are 3

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unlikely to accept the expansion of duty to retreat; how it affects them will be determined by their legal and cultural environment. They are adamant that "protecting oneself" is an important right that they should be permitted to exercise. Because the Model Penal Code is not part of federal law, they are not compelled to follow it or incorporate it into their state laws. 4

References Alexa R. Yakubovich, Michelle Degli Esposti, Brittany C. L. Lange, G. J. Melendez-Torres, Alpa Parmar, Douglas J. Wiebe, and David K. Humphreys, 2021: Effects of Laws Expanding Civilian Rights to Use Deadly Force in Self-Defense on Violence and Crime: A Systematic Review American Journal of PublicHealth 111 , e1_e14, https://doi.org/10.2105/AJPH.2020.306101 Burris, S., J.D. (2021). Civilian Use of Deadly Force in Self-Defense: Public Health, Stand Your Ground. American Journal of Public Health, 111 (4), 559-561. https://lopes.idm.oclc.org/login?url=https://www.proquest.com/scholarly-journals/ civilian-use-deadly-force-self-defense-public/docview/2516301151/se-2 Forrell, C. (2010). What’s Reasonable?: Self-Defense and Mistake in Criminal and Tort Law. Microsoft Word - LCB_14_4_Art_5_Forell.doc. https://law.lclark.edu/live/files/7234- lcb144art5forellpdf Gersen, J. (2017). Model penal code section 3.04 . Ball/Oberman Crim Law Casebook : Model Penal Code section 3.04 | H2O. https://opencasebook.org/casebooks/981-balloberman- crim-law-casebook/resources/10.1.3-model-penal-code-section-304/ 5

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