⚡ Legal Issues

Duty to Retreat Self Defense Proportionality

📋 Case Facts

  • Verbal argument over a parking spot.
  • Victim shoved Miller first.
  • Miller punched Victim, breaking jaw.
  • Miller could have walked away.

👥 Witnesses

👤
Miller Defendant
Defense

Statement

He screamed in my face and shoved me hard. I thought he was going to hit me again. I punched him once to stop him. I was defending myself!

Key Facts to Establish

  • Did not start fight
  • Feared further harm
  • One punch

Potential Weaknesses

  • Could have walked away
  • Force was severe
  • Broken jaw from one punch
👤
Bystander Witness
Plaintiff/Prosecution

Statement

They were both yelling. The victim shoved him, but Miller really clocked him. He didn't need to hit him that hard. He could have just left.

Key Facts to Establish

  • Saw shove first
  • Punch was hard
  • Retreat was possible

Potential Weaknesses

  • Confirms victim started physical contact

📜 Jury Instructions

The jury must decide:

  • Was Miller's use of force proportional to the threat he faced?
  • Did Miller have a duty to retreat before using force?
  • Was Miller reasonably in fear for his safety?