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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]
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 ...
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 ]
A majority of U.S. jurisdictions do not follow the common law rule that a person must retreat prior to using deadly force, [11] but rather have rejected this theory via statutory law in what are known as "stand your ground laws", which explicitly remove the duty to retreat. [12]
Further, stand your ground laws promote the idea that people should shoot first, and ask questions later if they feel threatened, and that firearms are first and foremost essential tools of self ...
The “stand your ground” law has long been under scrutiny, after a number of high-profile shootings, most notably the 2012 death of Trayvon Martin, a 17-year old who was fatally shot after a ...
On November 14, 2007, Joe Horn, 61, spotted two men breaking into his next-door neighbor's home in Pasadena, Texas.He called 911 to summon police to the scene. While on the phone with emergency dispatch, Horn stated that he had the right to use deadly force to defend property, referring to a law (Texas Penal Code §§ 9.41, 9.42, and 9.43) which justified the use of deadly force to protect ...
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 ...