Essay The Battle Of The State Of Maryland

801 Words Jan 26th, 2016 4 Pages
The state of Maryland follows the common law when it comes to self-defense: the amount of forced used when defending oneself and the duty to retreat. The definition of self-defense given by the common law is “The right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one 's person.” Correspondingly, the duty to retreat is “The doctrine holding that a victim of a deadly assault must attempt to safely retreat before using deadly force in self-defense;” thus, Maryland does not have a stand your ground law. However, if one enters someone’s home or establishment, with the intent to harm them, they are allowed to defend it and do not need to retreat. In the State of Maryland one is expected to defend themselves reasonably, not excessively and retreat, if possible, when being attacked unless defending their property. Stand Your Ground Law, was a precedent set by Florida. Stand Your Ground Law allows the victim the choice to fight or retreat from their assailant when in public. However, the victim is still responsible to follow the common law of self-defense. Thus, the victim may continue to attacks its assailant, but their actions can only be a response to the assailant’s threats. This law was not favored by the state of Maryland; therefore, the state continues to follow the duty retreat unless being attacked within their own property. The Castle Doctrine enforces that a person has right to defend their…

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