Re:Sam Bankman-Fried sentenced to 25 years in prison
by mgiampapa on Thursday March 28, 2024 @03:12PM
(#39856080)
Many states (15) have a duty to retreat, not everywhere is a stand your ground state (35 states). It's complicated, but most of the time in your home there is an exception.
Re:Sam Bankman-Fried sentenced to 25 years in prison
by Wytwwww on Thursday March 28, 2024 @03:39PM
(#39856391)
According to https://en.wikipedia.org/wiki/Duty_to_retreat in all of those states the duty to retreat doesn't apply if in your home (or workplace)
Re:Sam Bankman-Fried sentenced to 25 years in prison
by TeaBrain on Thursday March 28, 2024 @03:46PM
(#39856468)
They specifically mentioned a scenario where someone is trespassing into the home. There isn't a single state that has a duty to retreat requirement that pertains to home invaders.
Re:Sam Bankman-Fried sentenced to 25 years in prison
by thsksbd on Thursday March 28, 2024 @10:48PM
(#39860081)
I specified that the perp is both facing me and in my home (as opposed to my possibly 1000 acre lot - I wish). This scenario is legitimate self defense in all 50 states (unlike some states in Europe)
The owners, the police, the prosecutor and the jury would be far more interested in the breaking and entry charge than the $1000.
In fact, in every state of the Union, if you're facing me whilst committing the act of trespassing inside my home, I can legally punch a hole through your torso with a 9mm.