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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]
The Missouri law that governs this case is also known as the “castle doctrine” or the “stand your ground” law. It can be applied to instances that occur in both residential and public spaces.
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 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 ...
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" self-defense law has been in effect in Florida for over six years. The law is now associated with over 700 deaths.
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]
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 ...