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re: University of Alabama: Why are you not asking Miller to confirm whether he read the text?

Posted on 2/23/23 at 11:27 am to
Posted by Notrub14
Boston
Member since Dec 2018
932 posts
Posted on 2/23/23 at 11:27 am to
I’m not really interested in defending Miller. But Alabama has a stand your ground law. There’s no duty to retreat even if safe retreat is possible before using deadly force in self-defense. So I don’t think it could actually be a crime to deliver a gun to someone for purposes of self-defense even if you know it’s possible for them to retreat from the situation. If that’s what Miller thought he was doing—even though that’s not what ended up happening since the gun was not used for self-defense, but for murder— I don’t think Miller can be charged with anything.

On the other hand, I think the common law was right that there should be a duty to retreat if it can be done safely before using deadly force.
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