By Brian Palmer
Jurors in the George Zimmerman murder trial discussed Florida’s “stand your ground” law before reaching a not guilty verdict on Saturday, according to juror B37. The controversial law eliminates the obligation to retreat before using deadly force in self-defense, even if it would be safe to do so. Do other countries require their citizens to retreat before using deadly force?
Many do not. English common law imposes a duty to retreat whenever it is safe. In continental Europe, the duty applies only when the defender provokes the attack, or when the attacker doesn’t understand the situation. (Europeans must retreat from young children with guns, for example.) Nor is there a general duty to retreat in countries like Japan and Argentina, which derive their criminal-law systems from Europe. Even England, originator of the duty to retreat, repealed the doctrine in 1967 by statute. Defenders of the European system argue that imposing a duty to retreat may prevent the attack on the victim’s life, but it permits an attack on his legal rights—the right to be in a public place, the right to move freely, etc. By passing the “stand your ground” law, Florida brought its laws closer to those of Europe. Otherwise, the U.S. is in the minority in having, within some states, an explicit duty to retreat.
It’s not entirely clear how much this doctrinal division matters in practice, though. There may be a practical duty to retreat under many circumstances in Europe, even if the law doesn’t explicitly say so. That’s because the law also says you can use deadly force only when it’s necessary to avert an attack, and the force must not be grossly disproportional.