Alaska’s Stand Your Ground law, enacted in 2013, significantly expanded the state’s self-defense rights. Here are the key aspects of Alaska’s Stand Your Ground law:
No Duty to Retreat
Alaska’s law removes the duty to retreat before using force in self-defense. This applies to any place where a person has a right to be. This means that individuals are not required to attempt to escape or avoid conflict before using force to defend themselves.
Use of Force
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Non-deadly force: A person may use non-deadly force when they reasonably believe it is necessary for self-defense against unlawful force.
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Deadly force: Deadly force is justified if the person reasonably believes it is necessary to prevent:
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Death
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Serious physical injury
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Kidnapping
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Sexual assault (first or second degree)
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Sexual abuse of a minor
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Robbery
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Limitations and Considerations
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The use of force must be reasonably necessary under the circumstances.
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The threat must be imminent; the law does not allow for retaliatory or preemptive strikes.
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Even with the Stand Your Ground law, deadly force should be avoided if there is a possibility to safely avoid it, except in cases of home invasion or similar situations.
Legal Implications
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Alaska treats self-defense as a “perfect defense,” meaning if the use of force was objectively necessary, the defendant is exonerated of criminal wrongdoing.
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The burden of proof lies with the prosecution to disprove self-defense beyond a reasonable doubt, rather than the defendant having to prove it.
Controversy
Stand Your Ground laws are controversial. Critics argue that they may lead to increased violence, while supporters believe they protect law-abiding citizens. A 2020 RAND Corporation review found evidence suggesting that these laws are associated with increases in firearm homicides.
Alaska’s Stand Your Ground law significantly broadens self-defense rights, removing the duty to retreat and allowing the use of force, including deadly force, in a wide range of situations where a person feels threatened. However, the use of force must still be reasonably necessary given the circumstances.
Source
1. https://www.akleg.gov/basis/Bill/Text/24?Hsid=SB0200B
2. https://pressbooks.pub/alaskacriminallaw2022/chapter/self-defense/
3. https://en.wikipedia.org/wiki/Stand-your-ground_law
4. https://www.joshfinklaw.com/blog/2022/01/what-is-alaskas-self-defense-law/
5. https://alaskapublic.org/hometown-alaska/2018-08-
