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User:Windows-CPP

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Law Duty to Retreat California, while defined as a "Stand your Ground" state, could also be argued as a "Middle-Ground" state

Unlike some other states wherein 'deadly force' (Especially with firearms) is, while not encouraged, moderately excepted in cases of battery or rape, California disallows 'deadly force' unless absolutely necessary to "protect [oneself/another individual] from imminent danger of being killed or great bodily injury"[1], instead, having a requisite of "no more force than reasonably necessary". In this case, it could be argued that instead of deadly force in cases of rape, battery, or assault with a deadly weapon, the "necessary force" is instead deemed less-than-lethal (For example, pepper spray/mace, blunt weapon, etc.), even if the lethal force was (Arguably) the best and quickest option to remove oneself or another individual from said scenario.

Under CALCRIM 505, force of any level cannot be used in anticipation of a situation where the "necessary force" would come into the legal argument, no matter how great or how likely the threat is perceived to be, meaning that use of force, at any level, could technically not be used in situations such as assault (both physical and sexual), battery, harassment and provocation; This, however, has multiple amendments relating to court arguments, such as the situation that the individual(s) were put into, past crimes of the perpetrators, and if any threats were directed towards the the individual(s) before the use of force was enacted.

https://commons.wikimedia.org/wiki/File:Stand-your-ground_law_by_US_jurisdiction.svg

Duty to retreat

Castle doctrine

  1. ^ "CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another". Justia. 2018-04-25. Retrieved 2024-01-07.