In the criminal law, the duty to retreat is a specific component which sometimes appears in the defense of self-defense, and which must be addressed if the defendant is to prove that his or her conduct was justified. In those jurisdictions where the requirement exists, the burden of proof is on the defense to show that the defendant was acting reasonably. This is often taken to mean that the defendant had first avoided conflict and secondly, had taken reasonable steps to retreat and so demonstrated an intention not to fight before eventually using force.
Read more about Duty To Retreat: American Law, English Law
Famous quotes containing the words duty to, duty and/or retreat:
“an age of unscrupulous and shameless book-making, it is a duty to give notice of the rubbish that cumbers the ground. There is no credit, no real power required for this task. It is the work of an intellectual scavenger, and far from being specially honourable.”
—Richard Holt Hutton (18261897)
“I wish either my father or my mother, or indeed both of them, as they were in duty both equally bound to it, had minded what they were about when they begot me.”
—Laurence Sterne (17131768)
“For the salvation of his soul the Muslim digs a well. It would be a fine thing if each of us were to leave behind a school, or a well, or something of the sort, so that life would not pass by and retreat into eternity without a trace.”
—Anton Pavlovich Chekhov (18601904)