Missouri has a ‘Stand Your Ground’ law, but it may not help Andrew … – Nebraska Public Media | News
In fact, Jamison said, defendants are often too quick to consider the statute.
The stand your ground law is raised as a possible defense, even when it has no possible relevance to the situation," Jamison said. "And the case we're currently hearing about in Clay County here: It has no relevance.
Since no one tracks the use of the statute and some cases dont make it to court, its hard to know how often Stand Your Ground is considered for a legal strategy and for what types of cases those are.
Stand Your Ground did have relevance in the case of a woman who fatally shot an off-duty Kansas City firefighter in October 2022. Charged with second degree murder, she claimed she shot Anthony Santi, 41, in defense of another person. After declining to prosecute the woman, the Jackson County Prosecutor's office said in a statement to the news media:
We grieve with the family and community over this tragic loss of life of Mr. Santi. Missouri law governs this case, specifically self-defense and defense of others, leading us to decline charges after a careful review.
The Missouri law allows the use of physical force to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person.
Lester turned himself in at the Clay County Detention Center on Tuesday. It is not yet apparent what his legal strategy will be in defending himself against the two felony charges. Jamison, who writes and lectures about self-defense law, doubts Stand Your Ground will be part of it.
Self-defense is an affirmative defense, he said. So you have to prove that the other person was threatening you before you act in self-defense.
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Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News
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