What is the Castle Doctrine?
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Richard Armen
Apr 4, 2013, 7:40:02 PM4/4/13
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Article Title: What is the Castle Doctrine?
Author: Richard Armen
Word Count: 540
Article URL: http://www.isnare.com/?aid=473907&ca=Advice
Format: 64cpl
Contact The Author: http://www.isnare.com/eta.php?aid=473907
Easy Publish Tool: http://www.isnare.com/html.php?aid=473907
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One of the most commonly cited self defense principles is known as the �Castle Doctrine.� Stemming from the saying �a man's home is his castle,� this American legal principle holds one's place of residence (the �castle�) as a place where one enjoys protection from violent attacks or illegal trespassers. The wording of the Castle Doctrine in each state answers the question, �is it legally justifiable to kill someone who invades your home?�
Under the Castle Doctrine, an occupant has the legal right to use deadly force in defending their place of residence, as well as any innocent occupants legally inside it, from violence or from an intrusion that may lead to violence. Under the Castle Doctrine, the use of deadly force resulting in the death of a trespasser or assailant may be legally defended as justifiable homicide. In addition to providing a valid defense for criminal cases, many states' versions of the Castle Doctrine also protect the occupant from civil lawsuits filed by the assailant for injury resulting from the use of force to stop their illegal actions.
Although based on English Common Law codified in the 1700s, each state's interpretation of the Castle Doctrine varies. In fact, there are still a few states that do not have a Castle law. Check your state's laws to see where your state stands on this important issue. This information can be invaluable when forming a strategy for defending yourself, your family, and your home. Each state differs in the specific instances to which the Castle Doctrine applies, as well as the degree of retreat or resistance required before deadly force is permissible. In general, there are several specific conditions which must be met before the Castle Doctrine can be applied. For example, an intruder must be making an unlawful attempt to enter an occupied home, and the occupant must reasonably believe that the intruder plans to inflict serious bodily harm or death. Some states apply the Castle Doctrine to your vehicle and your business, while others restrict it to the place of residence.
In some states, the Castle Doctrine may also state a �duty to retreat,� requiring the occupant to attempt to retreat or exit the house before using force to defend themselves or their residence. However, in other states the Castle Doctrine specifically states that the occupant has no such duty, and can use potentially deadly force without first trying to flee the situation. This clause, which states that the occupant has no duty to retreat from a place in which they have a right to be, is known as the �Stand Your Ground� clause.
While the Castle Doctrine gives you the authority to use lethal force when protecting your home, deadly force is not allowed in all instances. Many states require the use of �reasonable force.� In other words, if a reasonable person would not use deadly force in this instance, then it is not legally allowable. In addition, many homeowners do not wish to use deadly force even when it is allowable under the law. Luckily, there are great alternatives that offer life saving protection in a non-lethal manner, disabling an invader to give you time to get away from harm.
About The Author: http://www.resistattack.com has a full range of stun guns both for families and security forces. Also check for current specials on a garrett metal detector
Please use the HTML version of this article at:
http://www.isnare.com/html.php?aid=473907
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Message delivered directly to members of the group:
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Please consider this free-reprint article written by:
Richard Armen
*****************************
IMPORTANT - Publication/Reprint Terms
- You have permission to publish this article electronically in free-only publications such as a website or an ezine as long as the bylines are included.
- You are not allowed to use this article for commercial purposes. The article should only be reprinted in a publicly accessible website and not in a members-only commercial site.
- You are not allowed to post/reprint this article in any sites/publications that contains or supports hate, violence, porn and warez or any indecent and illegal sites/publications.
- You are not allowed to use this article in UCE (Unsolicited Commercial Email) or SPAM. This article MUST be distributed in an opt-in email list only.
- If you distribute this article in an ezine or newsletter, we ask that you send a copy of the newsletter or ezine that contains the article to http://www.isnare.com/eta.php?aid=473907
- If you post this article in a website/forum/blog, ALL links MUST be set to hyperlinks and we ask that you send a copy of the URL where the article is posted to http://www.isnare.com/eta.php?aid=473907
- We request that you ask permission from the author if you want to publish this article in print.
The role of iSnare.com is only to distribute this article as part of its Article Distribution feature ( http://www.isnare.com/distribution.php ). iSnare.com does NOT own this article, please respect the author's copyright and this publication/reprint terms. If you do not agree to any of these terms, please do not reprint or publish this article.
*****************************
Article Title: What is the Castle Doctrine?
Author: Richard Armen
Word Count: 540
Article URL: http://www.isnare.com/?aid=473907&ca=Advice
Format: 64cpl
Contact The Author: http://www.isnare.com/eta.php?aid=473907
Easy Publish Tool: http://www.isnare.com/html.php?aid=473907
*********************** ARTICLE START ***********************
One of the most commonly cited self defense principles is known as the �Castle Doctrine.� Stemming from the saying �a man's home is his castle,� this American legal principle holds one's place of residence (the �castle�) as a place where one enjoys protection from violent attacks or illegal trespassers. The wording of the Castle Doctrine in each state answers the question, �is it legally justifiable to kill someone who invades your home?�
Under the Castle Doctrine, an occupant has the legal right to use deadly force in defending their place of residence, as well as any innocent occupants legally inside it, from violence or from an intrusion that may lead to violence. Under the Castle Doctrine, the use of deadly force resulting in the death of a trespasser or assailant may be legally defended as justifiable homicide. In addition to providing a valid defense for criminal cases, many states' versions of the Castle Doctrine also protect the occupant from civil lawsuits filed by the assailant for injury resulting from the use of force to stop their illegal actions.
Although based on English Common Law codified in the 1700s, each state's interpretation of the Castle Doctrine varies. In fact, there are still a few states that do not have a Castle law. Check your state's laws to see where your state stands on this important issue. This information can be invaluable when forming a strategy for defending yourself, your family, and your home. Each state differs in the specific instances to which the Castle Doctrine applies, as well as the degree of retreat or resistance required before deadly force is permissible. In general, there are several specific conditions which must be met before the Castle Doctrine can be applied. For example, an intruder must be making an unlawful attempt to enter an occupied home, and the occupant must reasonably believe that the intruder plans to inflict serious bodily harm or death. Some states apply the Castle Doctrine to your vehicle and your business, while others restrict it to the place of residence.
In some states, the Castle Doctrine may also state a �duty to retreat,� requiring the occupant to attempt to retreat or exit the house before using force to defend themselves or their residence. However, in other states the Castle Doctrine specifically states that the occupant has no such duty, and can use potentially deadly force without first trying to flee the situation. This clause, which states that the occupant has no duty to retreat from a place in which they have a right to be, is known as the �Stand Your Ground� clause.
While the Castle Doctrine gives you the authority to use lethal force when protecting your home, deadly force is not allowed in all instances. Many states require the use of �reasonable force.� In other words, if a reasonable person would not use deadly force in this instance, then it is not legally allowable. In addition, many homeowners do not wish to use deadly force even when it is allowable under the law. Luckily, there are great alternatives that offer life saving protection in a non-lethal manner, disabling an invader to give you time to get away from harm.
About The Author: http://www.resistattack.com has a full range of stun guns both for families and security forces. Also check for current specials on a garrett metal detector
Please use the HTML version of this article at:
http://www.isnare.com/html.php?aid=473907
*********************** ARTICLE END ***********************
- To distribute your articles go to http://www.isnare.com/distribution.php
- For more free-reprint articles go to http://www.isnare.com
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