Thanks, Stand Your Ground! No homicide charges for teen who shot, killed man

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89. Yes and No.

While the efforts of the NRA and others who follow their lead have a lot to do with the expansion of SYG laws, SYG is not a new concept. he Supreme Court, in an opinion written by no less a legal scholar than Justice Oliver Wendell Holmes, ruled that stand your ground, not the duty to retreat, applied to federal prosecutions back in 1921. Holmes wrote:

"Many respectable writers agree that, if a man reasonably believes that he is in immediate danger of death or grievous bodily harm from his assailant, he may stand his ground, and that, if he kills him, he has not succeeded the bounds of lawful self-defense. That has been the decision of this Court. Beard v. United States, 158 U. S. 550, 158 U. S. 559. Detached reflection cannot be demanded in the presence of an uplifted knife. Therefore, in this Court at least, it is not a condition of immunity that one in that situation should pause to consider whether a reasonable man might not think it possible to fly with safety or to disable his assailant, rather than to kill him."

The Beard case cited by Justice Holmes was decided in the 1800s.

I should add that, notwithstanding my respect for Justice Holmes, I think the duty to retreat concept, if reasonably applied, strikes a better balance. But the fact is that SYG has a long history in this country.