Vermont does not have a traditional “Stand Your Ground” statute. Instead, its self-defense laws have evolved through a combination of statutes and court decisions, resulting in a unique legal landscape compared to other states.
Key Features of Vermont’s Self-Defense Law
No Stand Your Ground Statute: Vermont law does not explicitly state that individuals have no duty to retreat before using force in self-defense in public spaces.
Duty to Retreat in Public: Traditionally, Vermont has imposed a “duty to retreat” in public places. This means that if a person can safely avoid danger by retreating, they are legally required to do so before using deadly force.
Castle Doctrine Applies at Home: Like most states, Vermont follows the “Castle Doctrine.” This principle holds that there is no duty to retreat when a person is threatened in their own home. In such situations, the individual may use reasonable force, including deadly force, to protect themselves or others.
Judicial Developments and Current Practice
Judicial Stand Your Ground Rule: Despite the absence of a statutory “stand your ground” law, the Vermont Supreme Court has held in cases such as State v. Hatcher that a person is not required to retreat if they honestly and reasonably believe that the use of deadly force is immediately necessary to protect themselves from an imminent threat of death or serious bodily injury.
Model Jury Instructions: Vermont’s model criminal jury instructions now reflect this judicial rule, indicating that juries should be told a person does not have a duty to retreat under certain circumstances if their belief in the necessity of force is reasonable.
When Is Deadly Force Justified?
Imminent Threat Requirement: Deadly force may only be used when it is necessary to prevent imminent death or serious bodily harm.
Burden of Proof: The individual claiming self-defense must demonstrate that fleeing was not a viable option, unless the threat occurred in their own home.
Reasonableness: The belief in the need to use force must be reasonable under the circumstances.
Sources:
1. https://crateclub.com/blogs/loadout/does-vermont-have-a-self-defense-law-an-in-depth-analysis
2. https://giffords.org/lawcenter/state-laws/stand-your-ground-in-vermont/
3. https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground
