Stand your ground--college student needs some quick info

[warren5421]

A young man that works summers for me needs some goodinfo on "Stand your ground law" I don't know enough to help him. Whatis it and how does it work? He is not a member is why I'm asking.

 

[Sylvain]

What kind of info?

 

[Double T]

If a person's life is in imminent danger from another person, they have no duty to retreat and can fight back. That's stand your ground.

That doesn't mean you SHOULD fight back in every circumstance, if you can avoid drawing or shooting, by all means do so.

 

[singlesix]

Good grief .... Google or whatever is hip with you college kids today ...

Indiana Code 35-41-3

 

[Kirk Freeman]

It is the abolition of the common law duty to retreat before application of deadly force.

Indiana abolished the duty to retreat in 1877 in a case entitled Runyon v. State.

In 2005, when a state with a large number of electoral votes (Florida) abolished their duty to retreat, Indiana, for some unknown reason, decided that we MUST codify the lack of duty to retreat into state law. So . . . we did.

Stand-your-ground law - Wikipedia, the free encyclopedia

 

[TheSpark]

Humans have two responses to a dangerous confrontation. Fight or Flight. Stand your ground means that if your natural response is "Fight" you can't be held liable for that action so as long as you did not start it. However, in public you are suppose to only use reasonable force to protect you or someone else from danger. So using a gun in public should ALWAYS be last resort.

In your home though we have the castle laws. Basically it is open season year long on intruders inside your home. Shoot to kill and ask why they are there never.

 

[Que]

It depends on where he's attending college in Indiana or out-of-state.

 

[avboiler11]

Do college students not know how to research these days?

 

[SteveM4A1]

I thought all college students knew how to copy/paste from wiki?

 

[Que]

Do college students not know how to research these days?

I thought all college students knew how to copy/paste from wiki?

The ability of today's student is probably the same when you guys were in college. Maybe he was just engaging his friend in conversation.

 

[92ThoStro]

That is not correct. The law does not say you can use deadly force on someone you find in your home uninvited. You could easily argue you were in fear of great bodily harm because anyone in your house is up to no good. But it doesn't say it is open season. If someone is sitting on your couch watching Tv cause he was drunk and door was unlocked and he thought it was his house and you walk up and shoot him in the back of the head, you are going to prison.

 

[singlesix]

.....

 

[singlesix]

........

 

[TheSpark]

That is not correct. The law does not say you can use deadly force on someone you find in your home uninvited. You could easily argue you were in fear of great bodily harm because anyone in your house is up to no good. But it doesn't say it is open season. If someone is sitting on your couch watching Tv cause he was drunk and door was unlocked and he thought it was his house and you walk up and shoot him in the back of the head, you are going to prison.

You are wrong. Indiana Law, shown below, allows you to protect your property (not just your life) from intruders with deadly force. In fact, you don't even have to fear for your life or the lives of anyone else. As codified in Indiana law the intrusion into your dwelling, or even the attempt to, is enough for deadly force to be used.

(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.

IC 35-41-3-2 - Emphasis mine

As you can see, even if it is a person who is drunk who entered your house by mistake that is still unlawful entry.Therefore, the person is justified in terminating that individuals intrusion with the use of deadly force. There is also no requirement there that you feel your life in is danger. However, I myself would automatically assume my life is in danger if anyone was unlawfully in my dwelling.

 

[cosermann]

Do college students not know how to research these days?

According to my daughter (a college freshman, freshperson?), many seem to be unable to write complete sentences in her experience.

 

[AndersonIN]

According to my daughter (a college freshman, freshperson?), many seem to be unable to write complete sentences in her experience.

My daughter is a Prof. at BSU and would agree with this statement 100%!

TheSpark..................go ahead and try that and tell us how it works! I'm sure there are just a few divorced people out there that might like to try that and even a few that might have tried it! Don't think you're going to be happy with the result!

 

[TheSpark]

TheSpark..................go ahead and try that and tell us how it works! I'm sure there are just a few divorced people out there that might like to try that and even a few that might have tried it! Don't think you're going to be happy with the result!

Not going to try it and hope it that decision never presents itself to me or anyone else here. However, just stating what the law says. Of course, despite what the law says you may still have to face a trial for it and we all know the outcomes of trials are not always in line with the law. That being said deadly force should always be last resort, even if the law CLEARLY states you are justified in doing so.

 

[actaeon277]

Not going to try it and hope it that decision never presents itself to me or anyone else here. However, just stating what the law says. Of course, despite what the law says you may still have to face a trial for it and we all know the outcomes of trials are not always in line with the law. That being said deadly force should always be last resort, even if the law CLEARLY states you are justified in doing so.

You could be in front of a video camera and 100 witnesses and gun down a person with a machette and blood sprayed all over, and you may have to worry because it was the Chief of Police's son.

The law is, to protect life, or you home. If someone is in your house, the assumption by the law is that they are not there to sell you bibles.

 

[dmarsh8]

Tell him to pay and come for the comprehensive Indiana gun law training with Guy at Eagle Creek this Saturday he'll leave there informed.

 

[TheSpark]

The law is, to protect life, or you home. If someone is in your house, the assumption by the law is that they are not there to sell you bibles.

Exactly.