Duty to retreat

[Montell C. Williams]

Having moved here from TN it seems so un-natural, suppose you are at the scene of a rampage killng but have an opportunity to run away like a coward, does the PA law require you to do so.

This requirement just encourages criminals and emmasculates good men,the burden should be on the aggresor, once he stops or surrenders naturally you would have no punitave rights but if you aren't doing anything wrong or initate the fight you shouldn't have to run away, it just ain't natural.

[SigForLife]

You only have to retreat if you and/or those who you are trying to protect can do so safely. Thus, if it is a rampage, and you are trying to stop the assault, you have no duty to retreat. No DA in his/her right mind would bring charges against a hero....or a dead man.

[DaveM55]

My understanding is you don't have to retreat if you fear your life is in mortal danger or someone else's life is being threatened with mortal danger.

[SigForLife]

DaveM55, that isn't necessarily true. For instance, if you are in your car in a parking lot and John pulls in. You know John wants to kill you and bought a gun. At that point, you life might be in "mortal danger" but you can escape the situation by leaving the parking lot in your vehicle. If you stay, the DA might view it as you taking the situation into your own hands, instead of retreating, as required.

[MOUNTAINORACLE]

Originally Posted by SigForLife

DaveM55, that isn't necessarily true. For instance, if you are in your car in a parking lot and John pulls in. You know John wants to kill you and bought a gun. At that point, you life might be in "mortal danger" but you can escape the situation by leaving the parking lot in your vehicle. If you stay, the DA might view it as you taking the situation into your own hands, instead of retreating, as required.

In the above case, you should have a PFA against John, so just stay and take care of business.

oracle

[SigForLife]

Yeah, I am sorry, I FORGOT PFA's keep people from breaking the PFA and killing people. Damn, I wish I would remember that.

[DaveM55]

Originally Posted by SigForLife

DaveM55, that isn't necessarily true. For instance, if you are in your car in a parking lot and John pulls in. You know John wants to kill you and bought a gun. At that point, you life might be in "mortal danger" but you can escape the situation by leaving the parking lot in your vehicle. If you stay, the DA might view it as you taking the situation into your own hands, instead of retreating, as required.

I was referring to being at the scene of a rampage killing as mentioned by Montell, not sitting in my car in a one-on-one situation.

[Steve in PA]

Well, if your in the midst of a rampage killing..........why would you want to stay in the area if you can safely leave the area? You can't claim self-defense if you voluntarily stay in the threat area when you had an option to leave.


(2) The use of deadly force is not justifiable under
this section unless the actor believes that such force is
necessary to protect himself against death, serious bodily
injury, kidnapping or sexual intercourse compelled by force
or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or
serious bodily injury, provoked the use of force against
himself in the same encounter; or
(ii) the actor knows that he can avoid the necessity
of using such force with complete safety by retreating or
by surrendering possession of a thing to a person
asserting a claim of right thereto or by complying with a
demand that he abstain from any action which he has no
duty to take, except that:
(A) the actor is not obliged to retreat from his
dwelling or place of work, unless he was the initial
aggressor or is assailed in his place of work by
another person whose place of work the actor knows it
to be; and
(B) a public officer justified in using force in
the performance of his duties or a person justified
in using force in his assistance or a person
justified in using force in making an arrest or
preventing an escape is not obliged to desist from
efforts to perform such duty, effect such arrest or
prevent such escape because of resistance or
threatened resistance by or on behalf of the person
against whom such action is directed.

[Steve in PA]

As for you trying to stop the rampage.........

A lot of things are going to be looked at, first being that you were under no obligation to stay there and do anything especially if you could safely leave the area. However, the fact that you had it in your mind that you were trying to protect the life of another person might cancel this out.

What happens if you stay and an innocent person is hit?

Being that you had no duty to do anything, did your action escalate the situation?

I'm not saying trying to stop a madman is a good or bad thing, but you need to realize that there are a lot of issues to deal with if you decide to do something.

[bubba23]

Originally Posted by Steve in PA

Being that you had no duty to do anything, did your action escalate the situation?

I'm not saying trying to stop a madman is a good or bad thing, but you need to realize that there are a lot of issues to deal with if you decide to do something.

WOW!

I don't know how you folks were raised, but if you are a man, and are armed or have the physical ability to stop a madman, then you have a civic/moral duty to do just that!

In that moment, I could care less about figuring out the legal ramifications or civil law implications, just do the right thing! If you can't figure that one out, then yes, just run home to momma.