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Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible to instead retreat to a place of safety. This requirement contrasts with the right in some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. United States law Most U.S. jurisdictions have a stand-your-ground law or apply what is known as the castle doctrine, whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been the result ...
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Wolters Kluwer Law & Business
Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. It operates in over 150 countries. History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the ...
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Supreme Court Of Ohio
The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other employees. Since 2004, the court has met in the Thomas J. Moyer Ohio Judicial Center (formerly known as the Ohio Departments Building) on the east bank of the Scioto River in Downtown Columbus. Prior to 2004, the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex (now the Senate Building) of the Ohio Statehouse. The Ohio Supreme Court and the rest of the judiciary is established and authorized within Article IV of the Ohio Constitution. Justices All the seats on the court are elected at large by the voters of Ohio. Every two years, two of the associate ...
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Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's land, a ...
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Stand-your-ground Law
A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Florida Statutes Title XLVI Chapter 776 The exact details vary by jurisdiction. The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the " castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their ...
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Castle Doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears ...
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1981 Toxteth Riots
The Toxteth riots of July 1981 were a civil disturbance in Toxteth, inner-city Liverpool, which arose in part from long-standing tensions between the local police and the black community. They followed the Brixton riot earlier that year and were part of the 1981 England riots. Background The Merseyside police force had, at the time, a poor reputation within the black community for stopping and searching young black men in the area, under the "sus" laws, and the heavy-handed arrest of Leroy Alphonse Cooper on Friday 3 July near Granby Street, watched by an angry crowd, led to a disturbance in which three policemen were injured. The existing tensions between police and people had already been noticed by local magistrate, Councillor and Chair of the Merseyside Police Committee, Margaret Simey, who was frequently critical of the hardline tactics used by the then Chief Constable Kenneth Oxford. She said of the rioters "they would be apathetic fools ... if they didn't protest" ...
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Geoffrey Lane, Baron Lane
Geoffrey Dawson Lane, Baron Lane, (17 July 1918 – 22 August 2005) was a British Judge who served as Lord Chief Justice of England from 1980 to 1992. The later part of his term was marred by a succession of disputed convictions. Lane's critics claimed that his refusal to believe that police evidence could be institutionally corrupt, and his reluctance to overturn the verdict of a jury, "represented a dangerous hindrance to justice". His failure to allow the appeal of the Birmingham Six in 1988 led to calls for his resignation following their successful appeal in 1991; an editorial in ''The Times'' "urged him to go", while 140 members of parliament signed a House of Commons motion to that effect. Early life The son of a bank manager, Lane was born in Derby. He attended Shrewsbury School and Trinity College, Cambridge where he took Firsts in Part I of the Classical Tripos before the Second World War and both parts of the Law Tripos after he was demobilized. During the war, he ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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Runyan V
Runyan is a surname. People with the surname include: *Damon Runyon (born Alfred Damon Runyan; 1880–1946), American newspaperman and writer * Jon Runyan (born 1973), American politician *Jon Runyan Jr. (born 1997), American football player & son of Jon * Marla Runyan (born 1969), American athlete and runner * Pablo Runyan (1925–2002), Panamanian painter *Paul Runyan (1908–2002), American golfer *Rachael Runyan (1979–1982), American murder victim *Sean Runyan (born 1974), American baseball player *Tygh Runyan Tygh Runyan (born June 13, 1976) is an actor and musician. Career Runyan has had a long career of character and supporting roles. His most notable roles are as Dr. Robert Caine in ''Stargate Universe'' and Fabien Marchal in '' Versailles''. Hi ... (born 1976), American/Canadian actor and musician See also * Runyon (other) {{surname, Runyan ...
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Erwin V
Erwin may refer to: People Given name * Erwin Chargaff (1905–2002), Austrian biochemist * Erwin Dold (1919–2012), German concentration camp commandant in World War 2 * Erwin Hauer (1926–2017), Austrian-born American sculptor * Egon Erwin Kisch (1885–1948), Czechoslovak writer and journalist * Erwin Emata (born 1973), Filipino mountain climber * Erwin James (born 1957), British writer and journalist * Erwin Klein (died 1992), American table tennis player * Erwin Koeman (born 1961), Dutch footballer and coach * Erwin Kramer (1902–1979), East German politician * Erwin Kreyszig (1922–2008), American academic * Erwin Neutzsky-Wulff (born 1949), Danish author and philosopher * Erwin Osen (1891–1970), Austrian mime artist * Erwin Panofsky (1892-1968), German-Jewish art historian * Erwin Ramírez (born 1971), Ecuadorian football player * Erwin Rommel (1891–1944), German field marshal of World War II * Erwin Rösener (1902–1946), German Nazi SS officer executed fo ...
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John Kaplan (law Professor)
John Kaplan (1929November 25, 1989) was a legal scholar, social scientist, social justice advocate, popular law professor, and author. He was a leading authority in the field of criminal law, and was widely known for his legal analyses of some of the deepest social problems in the United States. He was known for his work linking sociological research with legal policies, and limiting academic legal theory with real-world sociological data. He was an advocate for ending criminal prohibitions on private behavior such as drug use, arguing that these laws only made any problems worse. Education and career Kaplan received a bachelor of science degree in physics from Harvard University, then worked in a Naval research lab for several years. He returned to Harvard to attend Law School, was a member of the Harvard Law Review, and graduated magna cum laude. In 1954–5, after his law degree, he served as law clerk for US Supreme Court Justice Thomas C. Clark, then studied criminology ...
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Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal c ...
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