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 Castle Doctrine

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Tothian
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PostSubject: Castle Doctrine   Thu Dec 08, 2011 6:55 pm

Yes, I understand that Wikipedia isn't always 100% accurate, but I would consider this information definitely worth knowing about. Here is a link to the only information I can find on it, and also I copied and pasted some stuff from the Wikipedia page, with some information from it. If you want to read more, feel free to check out this following link, as well as do research as to your state or country's laws, regarding the Castle Doctrine. Here:

http://en.wikipedia.org/wiki/Castle_Doctrine

"A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English common law that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend their place, and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state though not all states in the US have a Castle Doctrine law. The term "Make My Day Law" comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home. Colorado isn't well known for heightened crime but it is a well populated state. The law's nickname is a reference to the line "Go ahead, make my day" uttered by Clint Eastwood's character Harry Callahan in the 1983 film Sudden Impact
."

There is some more information on that page, regarding Conditions of Use, Immunity from Civil Lawsuits, Duty-to-Retreat, Stand-your-Ground, and information on some more state's versions of the law.
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The Wall Creeper

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PostSubject: Re: Castle Doctrine   Tue Feb 14, 2012 1:58 pm

To add to this:

Many people think "make my day" or the "castle doctrine" entitles them to shoot an intruder simply for entering their home. WRONG.

for the law to be in effect, the person must intrude into the home, AND be committing (or definitely about to commit) a felony. Meaning if I am sitting in the Wall Creeper cave, and a man breaks in, but then pulls out a knife and starts walking towards me, then I could shoot him. However, I would have to be ready to articulate to the police that I was threatened by the intruder and that he was about to attack me with a knife in my own home, and there were no options.

The point is don't blow someone away for possibly walking in the wrong house.

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PostSubject: Re: Castle Doctrine   Thu Feb 16, 2012 5:32 am

Wall Creeper,

Does the Castle Doctine Law have the same similar standards in every state that it applies in, or only certain states? Meaning, are there any states (ones that have a Castle Doctrine) where it's legal to attack someone just for intruding? Since that itself is against the law - especially if it's breaking and entering.

If the person who lives in the house knows who the person is and they don't appear to have been mistaken, as in, the person isn't on drugs and the break in was premeditated - or perhaps even threatened - and it turns out that they live quite a distance away, would those same standards still apply - especially if the intentions are already known - like, they aren't being attacked yet but it's known or assumed for good reason that they're armed and they believe that they are in danger.

Are they obligated to tell them to leave first - even though in situations where the intruder doesn't see you - it wouldn't be wise to make your presence known to them.

And does killing - or even attacking - in self-defense only apply if a person's physical safety is threatened, or does it apply to someone's physical property being damaged or stolen as well?
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Dra Avenged

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PostSubject: Re: Castle Doctrine   Mon Feb 20, 2012 10:07 pm

Helpful Info.
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Tothian
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PostSubject: Re: Castle Doctrine   Mon Feb 20, 2012 10:18 pm

Glad to hear that, Dra Avenged.
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PostSubject: Re: Castle Doctrine   Wed May 23, 2012 7:51 pm

The flip side of these, of course, are duty to flee laws where you are required to flee as far as reasonably far into your residence and hope they go away, while allowing them to do whatever they want if they aren't attacking you, before using lethal force.

I'm not a lethal force kinda guy, as those of you know know me pretty well will know...but hell if I'm gonna flee to my closet...
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Tothian
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PostSubject: Re: Castle Doctrine   Thu May 24, 2012 12:54 am

Phoenix,

What about any laws of using nonlethal force against someone breaking in?

And actually, I would've thought the closet would be the FIRST place YOU would be running to.....

.....to jump in to the Phoenix suit, and then show them what a big mistake they just made.
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Phoenix
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PostSubject: Re: Castle Doctrine   Thu May 24, 2012 12:34 pm

Haha touche.

http://en.wikipedia.org/wiki/Duty_to_retreat

The specifics vary in the jurisdictions where such laws exist.
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PostSubject: Re: Castle Doctrine   Thu May 31, 2012 11:54 am

Tothian,

As far as I know, the Castle Doctrine is the same- but I'm sure different states have minor differences.

Like I said, the breaking and entering alone cannot justify killing someone. There has to be another aggravating factor. That factor can be everything from picking up your television and leaving, to ignoring your commands to stay away (if the person starts walking towards you, perhaps with a weapon).

Use of force (at least in the state of Colorado) is the exact same for police officers, as citizens. Use of force is use of force. If someone creates imminent threat of death or serious bodily injure, and there aren't options other than using deadly force to protect yourself or another, it is justified as self defense.

Be warned- You had better articulate very well to the police why you shot ANYONE for any reason. And expect to be cuffed just so they can figure it all out, even if you were absolutely right. (safety precaution).


Phoenix----
I don't know about other states, but in Colorado there is no duty to flee in your own dwelling, which is a pretty cool part of the Castle Doctrine. You don't have to hide in your own home here if shit is going down. "Defend your castle".

*I am not and will not be held liable for this post. This is for informational purposes only, and vary state to state*

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