Also known as: retreat rules · duty to retreat
Written by attorneys · grounded in primary & secondary sources — see below
A criminal law doctrine requiring a person who seeks to use deadly force in self-defense to retreat as far as reasonably possible if the retreat can be accomplished in complete safety. The doctrine applies in the minority of jurisdictions that follow the traditional common law approach and is subject to recognized exceptions such as attacks occurring inside the defender's own home.
Ryan Roberts is asleep in his apartment when an intruder forces the door and advances with a knife. Roberts grabs a firearm from his nightstand and shoots the intruder. Because the attack occurs inside his dwelling, the retreat rule imposes no duty on Roberts to flee before using deadly force.
Officer Dana Ellis is making a lawful arrest when the suspect draws a weapon. Ellis uses force to subdue the suspect. Because the encounter occurs while making a lawful arrest, the retreat rule imposes no duty on Ellis to withdraw before using defensive force.
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Ruby Rivera is threatened on a public sidewalk by an assailant wielding a bat. Rivera could safely cross the street and enter a store but instead draws a weapon and fires. The retreat rule requires Rivera to take the available safe path before resorting to deadly force.
Riley Rivera is accosted by a mugger who demands her purse at knifepoint. Rivera draws her own knife and wounds the mugger. Because the assailant is committing a robbery, the retreat rule does not obligate Riley to withdraw before using defensive force.
Renee Rogers claims self-defense after shooting an attacker inside her garage. The prosecution argues she could have exited safely through a side door. Under the retreat rule the state must prove beyond a reasonable doubt that a safe retreat was available and that Rogers knew it.
The rule rests on the view that human life, even that of an aggressor, should be preserved when preservation requires only the sacrifice of the lesser interest in standing one's ground.
Supporting sources
No. Jurisdictions following the retreat rule recognize an exception known as the castle doctrine that eliminates any duty to retreat when the attack occurs in the defender's dwelling.
Supporting sources
No. The rule recognizes an exception that eliminates any duty to retreat when the defender is making a lawful arrest.
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The duty arises only when the defender can avoid using deadly force by retreating as far as reasonably possible in complete safety. Retreat is never required if it would expose the defender to additional danger.
Supporting sources
…bodily harm, and that her only means of escape from such danger was in the use of . . . force,” and (3) she “did not violate any duty to retreat or avoid danger.” Ibid. Martin argued that due process did not permit the State to impose the burden of proving self-defense on her, because proving self-defense would necessarily negate…