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The castle doctrine originates from Coke's statement in the Third Institutes that "A man's home is his castle – for where shall he be safe if it not be in his house?", [223] which also profoundly influenced the Fourth Amendment to the United States Constitution; [224] the Third Amendment, on the other hand, was influenced by the Petition of ...
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.
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 Institutes of the Lawes of England are a series of legal treatises written by Sir Edward Coke.They were first published, in stages, between 1628 and 1644. [1] Widely recognized as a foundational document of the common law, they have been cited in over 70 cases decided by the Supreme Court of the United States, [2] including several landmark cases.
The self-conscious antiquarian study of the law gathered momentum from the 15th century. It supported the theories of the ancient constitution. [4] In his Institutes of the Lawes of England Coke challenged the accepted view of the Norman Conquest by asserting it amounted to trial by battle, with William the Conqueror agreeing to maintain the Anglo-Saxon laws.
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]
Thomas Bonham v College of Physicians, commonly known as Dr. Bonham's Case or simply Bonham's Case, was a case decided in 1610 by the Court of Common Pleas in England, under Sir Edward Coke, the court's Chief Justice, in which it was ruled that Dr. Bonham had been wrongfully imprisoned by the College of Physicians for practising medicine without a licence.
New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle Doctrine or Stand Your Ground situations. [10] However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels "threatened with an attack need not ...