trapperjohn said:
I understand that Arkansas does NOT have a SYG law
I believe that you've been misinformed. It does not go by the name "SYG," but the underlying principle is codified at Ark. Code Ann. §§ 5-2-607 and 620. In dealing with SYG anc Castle Doctrine, two code sections are important. The first section, §5-2-607, was enacted in 1975, with §5-2-620 following in 1981.
(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person's life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse.
(b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:
(1)(A) By retreating.
(B) However, a person is not required to retreat if the person is:
(i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or
(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or
(2) By surrendering possession of property to a person claiming a lawful right to possession of the property.
(c) As used in this section: . . . .
Ark. Code Ann. § 5-2-607 (West)
Emphasis supplied to highlight the part that effects SYG principles. In short, Arkansas law only requires one to retreat when the actor
knows that he or she can retreat
with complete safety. Not suspicion, not belief, not partial safety, or even to a
safer place, but knowing that retreat can be accomplished with complete safety. There may be some theoretical duty to retreat, but the standard is so high as to render it inoperable. If things have gotten to a point that you're faced with an SD shooting, can you ever "know that you can retreat with complete safety?"
I know that this isn't a Castle Doctrine thread, but Arkansas has some pretty clear law on that, even though it doesn't go by the name "Castle Doctrine," either. There's no duty to retreat in your own home, as long as you're not the initial aggressor.
See §5-2-607(b)(1)(B), above. Also, §5-2-620 speaks to defense of the home:
(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.
(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.
Ark. Code Ann. § 5-2-620 (West)
