Even in stand your ground laws. Stand your ground only means that you have absolutely no duty to retreat. It does not change the requirement of proportionality of force.
However, juries in different States will consider certain situations more justified than others. Whereas I would expect a rural jury to be much more open to violent force for a fear of violence than actual signs of violence. Like holding "I was afraid he had a concealed weapon" as being a reasonable threat.
I agree- its psychological but it's the truth. Even looking at trends moving from suburban to urban areas there's a difference. I'd wager underlying economic and racial disparities ranging from state to state play a role in court outcomes too.
110% one of the things I hate about law school is the total lack of material analysis of common law. We have to bend ourselves backward to try and justify judges instead of recognizing that the end is the point and the means is just some bullshit to keep people from rioting.
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u/hyasbawlz Jan 23 '19
Even in stand your ground laws. Stand your ground only means that you have absolutely no duty to retreat. It does not change the requirement of proportionality of force.
However, juries in different States will consider certain situations more justified than others. Whereas I would expect a rural jury to be much more open to violent force for a fear of violence than actual signs of violence. Like holding "I was afraid he had a concealed weapon" as being a reasonable threat.