Prosecutor: Idaho Case Law Establishes Right To ‘Stand Ground’
The state of Florida’s “Stand Your Ground” statute is under scrutiny after unarmed teenager Trayvon Martin was shot and killed by a neighborhood watch volunteer in February.
Many across the country are calling for the so-called “shoot first” laws to be repealed.
The basic premise behind a “Stand Your Ground” law is that people don’t have a duty to walk or run away from danger. They can stay put and protect themselves.
Idaho doesn’t have a statute like Florida because the Legislature has not acted on it. But Bingham County Prosecutor Scott Andrew said the Gem State’s common law does establish that right.
Deep within the pages of a book on Idaho’s Supreme Court decisions from 1909 lie two cases establishing the right to “stand your ground” in self-defense, said Andrew.
“What if I find myself in a bad situation? Do I have to retreat?” he said. “Current law in Idaho says you don’t have to retreat.”
The principle centers around the issue of retreat. Some states say a person has an obligation to try to get away from the circumstances rather than use force.
Idaho’s case law, under State v. McGreevey, reads: “One may stand one’s ground and defend … oneself … by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge.”
“Even if it seems more reasonable to have retreated, if that was an option, you don’t have to take that,” said Andrew.
But, a person does have to act reasonably, using force only if they believe they or someone with them are in imminent danger of serious injury or death. And, they can only use the amount of force that’s necessary.
“So, if you come at me swinging a fist, I can’t come back at you swinging a bat or using a gun,” said Andrew.
Justifiable and excusable homicide are state statutes established by the Idaho Legislature. Those don’t acknowledge the issue of retreat, but essentially target the same concept of whether there is a believed threat.
