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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.
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 ]
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.
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:
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.
By JULIE PACE AP White House Correspondent WASHINGTON (AP) -- In making the case for U.S. airstrikes in Iraq, President Barack Obama is drawing on the doctrine involving the use of American force ...
The case sparked debate over the "castle doctrine", which allows homeowners to defend their homes with lethal force. [2] [3] The prosecution alleged that Smith's actions and a recording he made himself while the incidents were unfolding showed premeditation (lying in wait) and that he used excessive force after having neutralized the threat. He ...