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Old January 28th, 2018, 01:11 PM #21
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Quote:
Originally Posted by knastera View Post
Yes, but Maryland currently has a requirement for a "duty to retreat" (see http://criminal.findlaw.com/criminal...ound-laws.html) so any past castle doctrine in Maryland is meaningless.
Duty to retreat OUTSIDE the home only.
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Old January 28th, 2018, 01:12 PM #22
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Not in your home
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Old January 28th, 2018, 01:25 PM #23
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Originally Posted by swinokur View Post
Not in your home


Is that codified somewhere? I've always understood it to include retreating to a secure room in your house. I'd be glad to find out otherwise.
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Old January 28th, 2018, 01:35 PM #24
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Quote:
Originally Posted by knastera View Post
Is that codified somewhere? I've always understood it to include retreating to a secure room in your house. I'd be glad to find out otherwise.
Retreating to a position of advantage is a wise, tactical move anyway. So by default you would be satisfying a duty to retreat.

Using the same website you used, I found this....
http://statelaws.findlaw.com/marylan...ense-laws.html

"Maryland follows several common law principles relating to self defense, which include:

Duty to Retreat - In situations that take place outside of a person's home the individual defending themselves has the duty to retreat, unless doing so is unsafe or impossible.

The Castle Doctrine - In a person's home they do not need to retreat, but can stand their ground and attempt to defeat or deter the invader. However, the use of force here must still be reasonable."
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Old January 28th, 2018, 01:40 PM #25
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It is also from jury instructions I’ll try to find it later

posted later in the thread
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Old January 28th, 2018, 02:41 PM #26
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Quote:
Originally Posted by knastera View Post
Is that codified somewhere? I've always understood it to include retreating to a secure room in your house. I'd be glad to find out otherwise.
Code is not the issue, case law is. and you have no idea what is a "secure room" in your home I don't see "secure room" in the case law or code. On top of that of course retreating out the back door or window is always a risk of even more danger to a reasonable person since a second assailant could be out there in the dark.

The case law in Maryland talks about surprise or force.

Here is a couple of good general guides. As you can see as others have noted, both specifically says duty to retreat is only outside your home.
https://www.marylandcriminallawyer-b...-law-maryland/
http://statelaws.findlaw.com/marylan...ense-laws.html


Also Maryland only puts the burden of production of self defense, not the burden of proof of self defense on the defendant.
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Old January 28th, 2018, 08:46 PM #27
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I've been kicking this around for the last 2 months, I think I'll go with USCAA cause it seems affordable initially. The only one that I know of that won a large case was CCW Safe recently.
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Old January 28th, 2018, 09:06 PM #28
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Hmm wonder what would be the best plan. Gold is gives me 50k in bail money and 100k for an attorney. I dont see a case needing more than 100k LOL
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Old January 28th, 2018, 09:09 PM #29
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I got this from Norton a long time ago. It is a jury instruction from a judge.

Note the judge's instructions that a defendant has no duty to retreat inside his own home.

You decide it's value.

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Old January 28th, 2018, 09:17 PM #30
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I just signed up for platinum, I like USCAA it covers any weapons, even your fists. I'm now a lot more comfortable and satisfied with life knowing that if used a pencil or a tea cup to fend multiple criminals, I would be covered.
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