Self-defense laws in the US typically justify a person’s use of lethal force in public in situations where lethal force was necessary to prevent imminent death or serious bodily harm to themselves or another person. Traditionally, these laws have been clear that taking human life is not necessary, and is therefore not justified, if the person could have avoided using lethal violence by retreating, or simply stepping away from a confrontation. A person does not have a duty to retreat from a conflict before using force in their home, however (known as the Castle Doctrine).1
Stand your ground laws upend centuries of legal tradition, allowing a person to use deadly force in self-defense in public, even if that force can be safely avoided by retreating or when nonlethal force would suffice.
New Mexico Law
Though New Mexico does not have a stand your ground statute, the state supreme court has held that there is no duty to retreat before using force in public.2
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- American Bar Association, “National Task Force on Stand Your Ground Laws: Report and Recommendations,” (September 2015): 1.[↩]
- State v. Horton, 57 N.M. 257, 261 (1953) (“Certainly the italicized sentence is erroneous in telling the jury the defendant could not kill his assailant if he could yield without being killed”); State v. Anderson, 364 P.3d 306, 310 (2015) (The jury was not, however, informed as required by UJI 14-5190 that a person ‘who is threatened with an attack need not retreat'”); 14-5190 NMRA.[↩]