Patrick O'Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game
As Patrick was walking to his car to head home for the evening, he heard a fight break out in the house. As Patrick reentered the house, Todd threw kerosene on him and threatened to light him on fire. Patrick pulled out his gun and fatally shot Todd three times in the chest. Did Patrick have a duty to retreat before using force in self-defense?
Answer will vary by student. However, student should justify their argument using elements of self-defense. There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and proportionality. The student will likely focus the requirement of on absence of alternatives. Self-defense is typically justified when there are no alternatives. Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued. However, in states with stand your ground laws this can become more complicated.
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