Maryland self-defense
Encyclopedia
In the state of Maryland
, the right of self-defense is primarily governed by case law
and jury instructions. At present, the topic of self-defense is not explicitly covered by statute
.
, some self defense in Maryland requires duty-to-retreat. Maryland at present, has no "Castle Doctrine
" exception set down in statutory law per se, but does have case law indicating duty to retreat does not apply when attacked in one's home. Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger (i.e. a physically injured or disabled person trying to flee from an able-bodied attacker). See Marquardt v. State, 164 Md. App. 95, 140 (2005). See also Sydnor v. State, 365 Md. 205, 216, A.2d 669, 675 (2001).
The first circumstance can be met when the individual is in a location where retreat is possible. It is met when the individual does, in fact, retreat but retreats to a location where they can safely retreat no further. Thus the situation results in some type of self defense.
The second circumstance can be met when the individual is in a location where retreat is not possible. This is a location where the individual has no known avenues of safe retreat. The issue of whether the avenues do exist are irrelevant, as long as the individual is unaware of their existence. Also, the avenue must always be an avenue of safe retreat.
home, retreat was unsafe, the avenue of retreat was unknown to the defendant, the defendant was being robbed, the defendant was lawfully arresting the victim. If the defendant was found to have not used deadly-force, then the defendant had no duty to retreat.>
property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.>
by the attacker for monetary damages. To remedy this, in May 2010 the governor of Maryland signed a "civil immunity" bill into law that protects citizens from this liability. Under this statute, a person who uses reasonable force (including deadly force) to repel an attack by an individual who has entered their home or place of business is not liable
for damages arising from personal injury or death of the attacker. This law requires that the person defending themselves not have been convicted of a crime as a result of the force they used. It also provides for the court to award the defender's court costs and attorney's fees if win a lawsuit under this law.
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, the right of self-defense is primarily governed by case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
and jury instructions. At present, the topic of self-defense is not explicitly covered by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
.
Duty-to-retreat
By common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, some self defense in Maryland requires duty-to-retreat. Maryland at present, has no "Castle Doctrine
Castle Doctrine
A Castle Doctrine is an American legal doctrine arising from English common law that designates one's place of residence as a place in which one enjoys protection from illegal trespassing and violent attack...
" exception set down in statutory law per se, but does have case law indicating duty to retreat does not apply when attacked in one's home. Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger (i.e. a physically injured or disabled person trying to flee from an able-bodied attacker). See Marquardt v. State, 164 Md. App. 95, 140 (2005). See also Sydnor v. State, 365 Md. 205, 216, A.2d 669, 675 (2001).
Meeting the duty-to-retreat criteria
The duty-to-retreat criteria can be met under two different circumstances. And, in both circumstances, the actions must be considered against the actions of a reasonable person in the same situation.The first circumstance can be met when the individual is in a location where retreat is possible. It is met when the individual does, in fact, retreat but retreats to a location where they can safely retreat no further. Thus the situation results in some type of self defense.
The second circumstance can be met when the individual is in a location where retreat is not possible. This is a location where the individual has no known avenues of safe retreat. The issue of whether the avenues do exist are irrelevant, as long as the individual is unaware of their existence. Also, the avenue must always be an avenue of safe retreat.
Self-defense
If the duty-to-retreat criteria is met, then the following self defense criteria are examined, as contained within the Maryland Criminal Pattern Jury Instruction. Optional or alternate inclusions into the jury instruction are enclosed with < >. Phrases surrounded with are substituted with specific instances of the case.Self-defense (MPJI-Cr 5:07)
Self-defense is a defense, and the defendant must be found not guilty if all of the following three factors are present:- 1) The defendant actually believed that
was in immediate and imminent danger of bodily harm. - 2) The defendant's belief was reasonable.
- 3) The defendant used no more force than was reasonably necessary to defend
in light of the threatened or actual harm.
Defense of Others (MPJI-Cr 5:01)
Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present:- 1) The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm.
- 2) The defendant's belief was reasonable.
- 3) The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force.
- 4) The defendant's purpose in using force was to aid the person defended.
Defense of Habitation - Deadly Force (MPJI-Cr 5:02)
Defense of one's home is a defense, and the defendant must be found not guilty if all of the following three factors are present:- 1) The defendant actually believed that (victim) was committing
the crime of (crime) in the defendant's home. - 2) The defendant's belief was reasonable.
- 3) The defendant used no more force than was reasonably necessary to defend against the conduct of (victim).
Defense of Property - Nondeadly Force (MPJI-Cr 5:02.1)
Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present:- 1) The defendant actually believed that (victim) was unlawfully interfering
with property. - 2) The defendant's belief was reasonable.
- 3) The defendant used no more force than was reasonably necessary to defend against the victim's interference with the property.
Civil Immunity
While the use of force in self-defense may be justifiable, the person defending themselves still runs the risk of being suedLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
by the attacker for monetary damages. To remedy this, in May 2010 the governor of Maryland signed a "civil immunity" bill into law that protects citizens from this liability. Under this statute, a person who uses reasonable force (including deadly force) to repel an attack by an individual who has entered their home or place of business is not liable
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
for damages arising from personal injury or death of the attacker. This law requires that the person defending themselves not have been convicted of a crime as a result of the force they used. It also provides for the court to award the defender's court costs and attorney's fees if win a lawsuit under this law.