Castle doctrine
The Castle Doctrine here 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 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, they may stand their ground against an assailant without fear of prosecution.
This law's sister law is the "Duty to Retreat" law, which is the case in most U.S. Northeastern states, such as Connecticut, New York, Pennsylvania, Massachusetts (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" [1] or "no retreat" laws, and originate in the home, but are sometimes (depending on the state) extended to the automobile or the business.
In some U.S. states, such as Iowa, there is an adverence in the law which requests that "no immunity" murder laws are unnecessary, and encourage escalation.
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 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."
U.S. States with Castle Doctrine Laws in Effect
- Alabama
- Alaska
- Arizona
- Colorado
- Florida
- Georgia
- Indiana
- Kentucky
- Michigan (Signed By Governor Granholm July 20th 2006)
- Mississippi
- Nebraska
- New Hampshire
- North Dakota
- Oklahoma (passed in House)
- South Carolina
- South Dakota
- Tennessee
- Texas
External links
- Book 4, Chapter 16 of Blackstone's Commentaries at The Avalon Project at Yale Law School
- Florida's Castle Doctrine as codified in 2005 from the Florida Department of State
- [2] currently awaiting signature in Oklahoma
- [3] currently awaiting signature in Michigan
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