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A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes. [2]
Most U.S. jurisdictions have a stand-your-ground law [2] or apply what is known as the castle doctrine, whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been the result of court rulings that one need not retreat in a place where one has a special right to be. [ 3 ]
Maryland also continues to follow common law principles on the issue of when one may use deadly force in self-defense. In the case of State v.Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:
The bill would modify the state's existing Castle Doctrine, which allows home and property owners to threaten to use deadly force to stop someone from criminally trespassing into or on their ...
The provisions of the act include: Explicitly laying down that it is not an offence for a person in their dwelling, [note 1] or who is a legal occupier in a dwelling, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime.
State v. Abbott, 36 N.J. 63, 174 A.2d 881 (1961), [1] is a landmark case in the American legal doctrine of retreat.In it, the New Jersey Supreme Court unanimously adopted a duty to retreat—a legal requirement that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must instead retreat to a place of safety. [2]
Knock-and-announce rule; Castle doctrine Semayne's Case (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke , who was then the Attorney General of England . In the United States, it is recognized as establishing the " knock-and-announce " rule.