Castle Doctrine

A Castle Doctrine is also known as Castle Law or Defense of Habitation Law. It's an American law concept that we obtained from English Common Law. As far as states in the U.S. go, there are many different versions of this law. Basically, the doctrine states that one's place of residence, and in certain states, anywhere that someone is legally occupying, such as their car or workplace, is a place where one should be protected from illegal trespassing or violent attack. Some states, under the Castle Doctrine, allow for the use of deadly force against a trespasser to protect his/her "castle." In these states, using deadly force to protect one's home could be considered justifiable homicide under the Doctrine.

However, some states still have a "duty to retreat" version of the Castle Doctrine, which means that the use of deadly force is a last resort. In these states, your obligation is to find a way to avoid conflict and retreat the situation unless you have justifiable means to use deadly force against a prepetrator. In which case, if deadly force is needed, the "burden of proof" lies on the defense to prove that the defendant acted reasonably, and tried to initially avoid conflict and/or retreat the situation. Some jurisdictions allow the use of deadly force when retreat is not possible, or when the option of retreating could cause potential harm to the person under attack.

Thirty-three states have developed Castle Doctrine laws protecting the rights of self-defense, without the "duty to retreat" from any place that a person legally has a right to be. To me, this is absurd. All states should embrace the "stand your ground" law, under the Doctrine, that enables a person to use deadly force against an attacker, without having to think of a way to retreat the situation first. When you are under attack, whether it be out in public or in the privacy or your own home, there isn't much time to think. In my opinion, it's basic instinct to protect yourself and your loved ones that takes over. A person shouldn't have to be worried about spending their life in prison for protecting themselves and loved ones from becoming victims.

Sources:
NRA-ILA. (2010). Firearm Fact Card 2010.
Retrieved from
http://www.nraila.org/Issues/FactSheets/Read.aspx?ID=83

Reinhart, C. (2007). Castle Doctrine and Self-Defense.
OLR Research Report. Retrieved from
http://www.cga.ct.gov/2007/rpt/2007-R-0052.htm

Gunownersresource.com. (2011). GOROLE.
Retrieved from
http://gunownersresource.com/gorole/index.php?title=Castle_Doctrine