Castle Doctrine

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Castle Doctrine refers to a legal concept derived from English Common Law as it is presently applied in sections of the United States of America. It designates one's home (or any place legally occupied, such as one's car or place of work) as a place in which one enjoys protections from both prying and violent attack. In the United States, laws informally referred to as 'castle laws' can sometimes impose an obligation to retreat before using force to defend oneself. The Castle Doctrine provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.

The opposite of a "castle" principle is the "Duty to Retreat", which is the case in most U.S. Northeastern states, such as Connecticut, New York, Pennsylvania, Massachusetts^[1] (where Castle Doctrine takes effect only within the confines of the 'dwelling'). Castle Doctrine laws in the U.S. are sometimes referred to as the "use of deadly force" ^[2] or "no retreat" laws, and originate in the home, but are sometimes (depending on the state) extended to the automobile or the business or any place where one has a legal right to be (a campground or park, for example).

1 Origins
2 Criticism
3 U.S. States with Castle Doctrine Laws in Effect
4 In other countries
5 See also
6 References

[edit] Origins

The American interpretation of this doctrine is largely derived from the English Common Law as it stood in the 1700's. In Book 4, Chapter 16^[3] of William Blackstone's Commentaries on the Laws of England, he says:

And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of ancient Rome, as expressed in the works of Tully; quid enim sanctius, quid omni religione munitius, quam domus unusquisque civium? For this reason no doors can in general be broken open to execute any civil process; though, in criminal causes, the public safety supersedes the private. Hence also in part arises the animadversion of the law upon eaves-droppers, nusancers, and incendiaries: and to this principal it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case.

[edit] Criticism

In Florida, Castle Doctrine applies to any place where a person has a legal right to be, not just their own home. Opponents of this Castle Doctrine law have referred to it as a "shoot first" law, implying that it allows people to "shoot first, ask questions later" any time they are frightened^[4]. However, all laws pertaining to the use of deadly force still apply. The law still requires citizens to articulate the ability, opportunity and intent of an attacker to do grave bodily harm to a person exercising his or her right to self-defense. Since the passing of this law, several other states have enacted similar legislation.

[edit] U.S. States with Castle Doctrine Laws in Effect

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Alabama
Alaska
Arizona
California
Colorado
Florida (Adopted March, 2005)
Georgia
Indiana (No duty to retreat. Statute.)
Kansas
Kentucky
Louisiana
Michigan (Signed by Gov. Granholm on July 20, 2006)
Mississippi (Signed by Gov. Haley Barbour on March 29, 2006)
Nebraska
New Hampshire
North Dakota (HB 1319 introduced in January 2007 by ND Representatives Porter and Carlisle; passed House; passed Senate with amendments; sent back to House)
Oklahoma
South Carolina
Rhode Island (11-8-8)
South Dakota
Tennessee
Texas (Signed by Gov. Rick Perry(Rep.) on March 27, 2007 - effective only after 9-1-2007)
Washington

[edit] In other countries

In January of 2006, Italian law was amended in 2006 to allow people to use legally registered weapons to protect themselves or others, and their property and the property of others, from harm, if committed within or around the dwelling or place of business.^[5]