2aguy
Diamond Member
- Jul 19, 2014
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Possibly, but in a case where the only witness is the killer, saying he feared for his life is the best defense.Sorry I was speaking to somebody else about a different issue. Point being, he cannot be convicted of murder because nobody can prove he wasn't in fear for his life.I never said anything about standing your ground. You can't prove he wasn't in fear for his life.The state could still prove he murdered them.........so yes, he could still go to prison for murder....
And more on why this is not Stand Your ground...
4. If Retreat Is Not Possible = Not a SYG Case
Second, the legal duty to retreat applies only where a safe avenue of retreat is available to the defender. The defender is never required to increase his jeopardy in attempting to retreat, and as well if there simply exists no means of retreat then it is simply not possible to impose the duty as a practical matter.
These two limitations on the legal duty to retreat have important consequences for any analysis of SYG.
Effectively, it means that where a defender is in one’s home or where the defender has no safe avenue of retreat, then SYG is irrelevant.
Whether the defender were in a stand-your-ground jurisdiction or a duty-to-retreat jurisdiction, under either of those circumstances there would be no legal duty to retreat and the defender may “stand his ground.”
It was the original story.......
I think it is too early to know how they will find him in this.......there may be more evidence we don't know about yet......
Yep....you are probably right...unless they have a cell phone video from a neighbor showing him murdering the people.....the strangest things can show up....there was one case on a show where the neighbor actually had a security camera on that caught part of the neighbors home.....I don't remember how that one turned out.