MI Prosecutor ignorant of MI law

Written by Sean Baxter

On August 20, 2018
“MI prosecutor is unaware MI has been a Stand Your Ground state for 12 years”
 
I caution in every class that just because someone has a certain job title–firearms instructor, cop, lawyer, prosecutor, judge–you MUST NOT assume that they know a darned thing about use-of-force law. They MIGHT know, if they’ve made a diligent effort to educate themselves rather than simply re-tell nonsense they’ve previously been taught themselves, but you MUST NOT ASSUME that they know, based on their job title.
Here’s an excellent example of this, out of Michigan in a news article involving a purportedly defensive shooting. They manage to get extensive quotes from an actual Michigan prosecutor, identified as Benzie County Prosecutor Sara Swanson. Attorney Swanson is quoted as stating explicitly:
“Michigan does not have a ‘Stand Your Ground’ law like, say Florida has …”
In fact Michigan adopted a SYG law almost identical to that of Florida’s and in 2006 only a year after Florida adopted SYG in 2005.
You’d think a Michigan prosecutor in 2018 would be aware that the state’s had a SYG statute for the past 12 years, but apparently you’d be wrong.
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
EDUCATE YOURSELVES! Assuming that the so-called “legal experts” around you actually know use-of-force law is HAZARDOUS TO YOUR LIBERTY!
Two excellent and free ways to do this is to catch our weekly “Law of Self Defense Show” at http://www.lawofselfdefense.com/show
Also, we do all our blogging on our Patreon page, with each blog post freely accessible for a week or so, after which content (including our higher value expert reports and video and podcast recordings of each week’s “Law of Self Defense Show) is restricted to our paying patrons: http://www.lawofselfdefense.com/patreon
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC

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