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Stand Your Ground and Self Defense in Florida by Charnele Tate: Duty to Retreat

Dorsey v. State 74 So.3d. 521 (2011)

Legislature's creation of “Stand Your Ground” law expanded the right of self-defense and abolished the common law duty to retreat when a person uses deadly force in self-defense to prevent imminent great bodily harm or death; in other words, “Stand Your Ground” law creates a new affirmative defense for situations in which one may use deadly force without first retreating.

 

 Exerpt from Westlaw

Brown v. United States, 256 U.S. 335 (1921)

Therefore in this Court, at least, it is not a condition of immunity that one in that situation should pause to consider whether a reasonable man might not think it possible to fly with safety or to disable his assailant rather than to kill him. 

 

Exerpt from Westlaw

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