Understanding Rhode Island’s Stand Your Ground Law

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Understanding Rhode Island's Stand Your Ground Law

Rhode Island does not have a Stand Your Ground law and instead operates under the traditional “duty to retreat” principle for self-defense outside the home. Under Rhode Island law, if a person is threatened in a public place, the law generally expects that person to attempt to safely retreat from the confrontation if they can do so without increasing their risk of harm. Deadly force is only justified in self-defense when there’s no safe avenue for escape, and only if retreat is not possible under the circumstances.

This duty to retreat does not apply within a person’s own home because of the “castle doctrine.” Rhode Island’s castle doctrine permits an individual to use reasonable force, including deadly force if necessary, to defend themselves against an intruder or trespasser at home, and there is no obligation to attempt to leave their dwelling before using force. In public, however, the courts have consistently ruled that a person must try to escape or avoid using deadly force if an open and safe route is available.

Rhode Island’s approach means the right to stand one’s ground in self-defense does not extend to public spaces. Residents and visitors should be aware that outside the home, the law requires exhausting reasonable means of retreat before using deadly force in self-defense. Failure to do so may result in criminal liability unless it can be shown that retreat was not a safe or viable option.

Sources

(https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/)
(https://en.wikipedia.org/wiki/Stand-your-ground_law)
(https://giffords.org/lawcenter/state-laws/stand-your-ground-in-rhode-island/)
(https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground)
(https://webserver.rilegislature.gov/BillText25/HouseText25/H6147.pdf)

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