Quote:
Prosecutors in "stand your ground" states usually usually get into this not because they're trying to place a "duty" on the defendant but as a probative measure into the "necessity" of the use of force.
"No duty to retreat" doesn't wipe out the necessity element of the use of force.
The phrasing in attempting to make that point. There is also a proportionality element that can address that.
Innocence: Was Lester the aggressor?
Imminence: Did Yarl present an imminent threat to the 84 year old inside his house?
Proportionality: Was Lester's use of force proportional to the threat he perceived?
Avoidance: Not applicable here.
Reasonableness: Was Lester's use of force reasonable for the circumstances he perceived he was in? There is no requirement that Lester actually be correct but were his perceptions reasonable under the circumstances at the moments he took the shots?
Prosecution has to disprove to the jury any one of those elements beyond a reasonable doubt to the jury. If they are successful, self defense fails.
Eventhough the reporting has been awful on this, it appears Lester's counsel will have an uphill battle at least on the proportionality element. I assume the kid was unarmed but that is just my assumption at this point.
Reasonableness will bring in other circumstances, such as amount and severity of crimes recently committed in the neighborhood. Lester's medical conditions, if any, and other outside evidence. Again we do not know such additional details right now.