Right of self-defense in Maryland

In the state of Maryland, the right of self-defense is primarily governed by case law and jury instructions. At present, the topic of self-defense is not explicitly covered by statute.

Duty-to-retreat

By common law, some self defense in Maryland requires duty-to-retreat. Maryland at present, has no "Castle Doctrine" exception set down in statutory law per se, ^[1] but does have case law indicating duty to retreat does not apply when attacked in one's home. Other exceptions to duty to retreat are being the victim of a robbery, situations where the imminent peril of attack makes retreat impossible or retreat would not remove the danger (i.e. a physically injured or disabled person trying to flee from an able-bodied attacker). See Marquardt v. State, 164 Md. App. 95, 140 (2005). See also Sydnor v. State, 365 Md. 205, 216, A.2d 669, 675 (2001).

Meeting the duty-to-retreat criteria

The duty-to-retreat criteria can be met under two different circumstances. And, in both circumstances, the actions must be considered against the actions of a reasonable person in the same situation.

The first circumstance can be met when the individual is in a location where retreat is possible. It is met when the individual does, in fact, retreat but retreats to a location where they can safely retreat no further. Thus the situation results in some type of self defense.

The second circumstance can be met when the individual is in a location where retreat is not possible. This is a location where the individual has no known avenues of safe retreat. The issue of whether the avenues do exist are irrelevant, as long as the individual is unaware of their existence. Also, the avenue must always be an avenue of safe retreat.

Self-defense

If the duty-to-retreat criteria is met, then the following self defense criteria are examined, as contained within the Maryland Criminal Pattern Jury Instruction. Optional or alternate inclusions into the jury instruction are enclosed with < >. Phrases surrounded with () are substituted with specific instances of the case.

Self-defense (MPJI-Cr 5:07)

Self-defense is a defense, and the defendant must be found not guilty if all of the following three factors are present:

• 1) The defendant actually believed that <he> <she> was in immediate and imminent danger of bodily harm.
• 2) The defendant's belief was reasonable.
• 3) The defendant used no more force than was reasonably necessary to defend <himself> <herself> in light of the threatened or actual harm.

<Deadly-force is that amount of force reasonably calculated to cause death or serious bodily harm. If the defendant is found to have used deadly-force, it must be decided whether the use of deadly-force was reasonable. Deadly-force is reasonable if the defendant actually had a reasonable belief that the aggressor's force was or would be deadly and that the defendant needed a deadly-force response.>

<In addition, before using deadly-force, the defendant is required to make all reasonable effort to retreat. The defendant does not have to retreat if the defendant was in <his> <her> home, retreat was unsafe, the avenue of retreat was unknown to the defendant, the defendant was being robbed, the defendant was lawfully arresting the victim. If the defendant was found to have not used deadly-force, then the defendant had no duty to retreat.>

Defense of Others (MPJI-Cr 5:01)

Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present:

• 1) The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm.
• 2) The defendant's belief was reasonable.
• 3) The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force.
• 4) The defendant's purpose in using force was to aid the person defended.

Defense of Habitation - Deadly Force (MPJI-Cr 5:02)

Defense of one's home is a defense, and the defendant must be found not guilty if all of the following three factors are present:

• 1) The defendant actually believed that (victim) was committing <was just about to commit> the crime of (crime) in <at> the defendant's home.
• 2) The defendant's belief was reasonable.
• 3) The defendant used no more force than was reasonably necessary to defend against the conduct of (victim).

Defense of Property - Nondeadly Force (MPJI-Cr 5:02.1)

Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present:

• 1) The defendant actually believed that (victim) was unlawfully interfering <was just about to unlawfully interfere> with property.
• 2) The defendant's belief was reasonable.
• 3) The defendant used no more force than was reasonably necessary to defend against the victim's interference with the property.

<A person may not use deadly force to defend <his> <her> property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.>

Duty-to-retreat

In May 2010, the Governor of Maryland signed a bill that included Castle Doctrine. However, Maryland residents can invoke their rights provided by Castle Doctrine only if they do not have a prior conviction relating to the act for which immunity is being sought.^[2]

References

1. ^ Hooper et al. (2007-03-15). "2007 Maryland Senate Bill 761". http://house.state.md.us/2007RS/fnotes/bil_0001/sb0761.pdf. Retrieved 2008-06-09. 
2. ^ Delegate Mike Smigiel (2010-05-21). "Maryland Governor Signs "Castle Doctrine" Bill". http://delegatemike.com/?p=2298. Retrieved 2010-05-21. 

See also

Castle Doctrine