Legal Definitions - retreat rule

The retreat rule is a legal principle in criminal law that dictates a person facing a deadly threat must attempt a safe escape before using deadly force in self-defense. This means that if there is a clear and safe way to avoid a confrontation that could result in serious injury or death, the individual is legally obligated to take that path rather than resorting to lethal force. The underlying rationale is to preserve human life, even the life of an aggressor, when a non-violent alternative is readily available.

It is important to note that the retreat rule is adopted by a minority of American jurisdictions. Furthermore, there are typically significant exceptions to this rule:

• Castle Doctrine: A person is generally not required to retreat from their own home or, in some jurisdictions, their place of business, when facing a deadly threat. This exception is often referred to as the "castle doctrine," allowing individuals to stand their ground in these specific locations.
• Law Enforcement/Arrest: The rule also typically does not apply to individuals, such as law enforcement officers, who are attempting to make a lawful arrest and are met with deadly force.

Here are some examples illustrating the retreat rule:

• Example 1: Public Park Confrontation
  Imagine a person walking through a public park who is suddenly confronted by an attacker wielding a knife and making credible threats of deadly harm. There is an open, unobstructed path behind the person that leads directly to a busy street where they could quickly run to safety and call for help.

  How it illustrates the rule: In a jurisdiction that follows the retreat rule, the person being attacked would be legally required to take the safe escape route down the path to avoid the deadly confrontation. If they chose to stand their ground and use deadly force against the attacker instead, their claim of self-defense could be challenged because a safe means of retreat was available.

• Example 2: Workplace Altercation (Non-Owner)
  An employee is working late in a large office building when a former disgruntled colleague breaks in and attacks them with a weapon, intending to cause serious harm. The employee is near an emergency exit that leads directly outside to a well-lit area with other people nearby.

  How it illustrates the rule: While the employee is at their place of work, they are not typically considered the owner or proprietor in the context of the "castle doctrine" exception. Therefore, if a safe escape route via the emergency exit is available, the retreat rule would likely require the employee to attempt to flee before using deadly force against the attacker.

• Example 3: Confrontation at a Public Event
  Two individuals get into a heated argument at a crowded public sporting event. One individual escalates the confrontation by pulling out a small knife and lunging at the other. The person being attacked has a clear and unobstructed path to run away through an exit aisle, which would lead them to safety outside the stadium.

  How it illustrates the rule: In jurisdictions that follow the retreat rule, the person being attacked would be expected to take the safe exit path to avoid the deadly confrontation, rather than immediately resorting to deadly force in self-defense. If they had a safe means of escape but chose to fight back with deadly force instead, their self-defense claim might be challenged under this rule.