retreat (duty to), rule

A doctrine in criminal law found in some jurisdictions requiring that, unless at home, at his or her place of business, or in a situation where the assailant is a person the victim is attempting to arrest, the victim in a murderous assault must attempt to retreat safely rather than resorting to using deadly force in self-defense. In tort law, failure to exercise retreat may result in liability’s being attached to the party who could have retreated.