yidnar
Diamond Member
- Jul 16, 2011
- 24,262
- 19,324
how can people retreat when the are locked in a subway car with someone going insane ?You need to read this again. I bolded the most important part. Did you miss the DUTY TO RETREAT?
Article 35 of the New York Penal Law outlines when an individual is justified in using physical force in self-defense, or in the defense of others. Under the statute, a person can use the amount of physical force they reasonably believe is necessary to defend themselves or others from what they reasonably believe to be the illegal imminent use of force or the illegal use of force.
There are only certain circumstances under which a person can assert the justification of self-defense in cases involving deadly force. Since New York imposes a duty to retreat,
it is only permissible to use deadly physical force when there is no other option.
Situations where deadly force can be used in self-defense include circumstances involving:
Kidnapping
Forcible rape
Robbery
Arson
Burglary