The duty to retreat is a rule found in the self-defense law of some jurisdictions requiring a person who is threatened to retreat to a place of safety, if that is possible, rather than use force against the attacker. Where it applies, a defendant claiming self-defense must show that retreat was not a safe option, or that there was not enough time to retreat, before use of force is considered justified. It stands opposed to stand your ground laws, which let a person use defensive force without first attempting to retreat, and to the castle doctrine, under which there is no duty to retreat inside a home or workplace one occupies; most jurisdictions in the United States have adopted one of those two approaches rather than a strict duty to retreat. English law takes a somewhat different approach, asking more broadly whether the response of the defendant was reasonable given the circumstances rather than imposing a fixed retreat requirement, recognizing that some threats leave no real chance to retreat at all.
Facts
Core PrincipleBefore using physical force in self-defense against an imminent danger, an individual must first attempt to safely remove themselves from the situation. 1 Cross-Tradition Connections
Associated With
The castle doctrine and stand-your-ground statutes carve exceptions from the traditional duty to retreat.
In Legal System
Traditional U.S. self-defense rule requiring a safe retreat before using deadly force where one is available.
Sources
1. Duty to Retreat (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Duty to Retreat entry, opening definitional sentenceQuote, Cornell LII Wex, Duty to Retreat entry, opening definitional sentence
Duty to retreat is a legal doctrine that requires an individual to attempt to safely remove themselves from a situation before the individual may use physical force for self-defense, against an imminent danger.
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