Overview
Missouri’s Stand Your Ground law, enacted in 2017, allows individuals to use deadly force in self-defense without a duty to retreat if they reasonably believe it is necessary to protect themselves or others from imminent harm. This law applies to both public and private spaces where the individual has the right to be.
Key Provisions
- No Duty to Retreat: Unlike previous laws, Missouri’s Stand Your Ground law eliminates the requirement to attempt to retreat from a dangerous situation before using force.
- Location Matters: The law applies if the individual is in a place they are legally permitted to be, including their home or other private property.
- Protection of Others: The law also allows individuals to use force to protect others who are in imminent danger.
Legal Framework
Missouri’s law is based on the “castle doctrine,” which traditionally allowed homeowners to defend their property without retreating. However, Missouri’s version extends this principle beyond the home to any location where the individual has a right to be.
Affirmative Defense
The Stand Your Ground law serves as an affirmative defense in criminal cases, meaning defendants can argue that their actions were justified under the law. However, the burden of proof typically lies with the defendant to demonstrate that their use of force was reasonable.
Recent Cases and Controversies
The law has been scrutinized in high-profile cases, such as the shooting of Ralph Yarl, where the applicability of Stand Your Ground has been debated. Critics argue that such laws can lead to unjustified use of force, while proponents see them as essential for self-defense.
SOURCES
- https://thebeaconnews.org/stories/2023/04/17/missouri-stand-your-ground-ralph-yarl/
- https://www.superlawyers.com/resources/criminal-defense/missouri/what-stand-your-ground-laws-mean-in-missouri/
- https://www.sindellaw.com/blog/2023/07/missouri-stand-your-ground-law/
- https://www.dwicriminallawcenter.com/everything-you-need-to-know-about-the-missouri-stand-your-ground-law/
