In the 1980s, a handful of state laws (dubbed “Make my Day” laws) dealt with immunity from prosecution when using lethal force against another person who illegally and forcibly invades a person`s home. In 2005, Florida passed a Castle Doctrine Act that expanded that premise to include “Stand Your Ground” language regarding self-defense and the duty to retire. Florida law states: “A person who does not engage in any illegal activity and who is attacked in any other place where he has the right to be has no duty to retreat and has the right to assert himself and to counter violence with violence, including lethal force, if it reasonably considers it necessary. to prevent death or serious bodily harm to oneself or others, or to prevent the commission of a violent crime. Currently, 28 states have enacted “Stand Your Ground” laws. Eight other states apply the legal principles of “Stand Your Ground” laws through judicial practices, such as citing previous and previous case law and directing judges to jurors. The doctrine of the castle in its traditional absolute and extrajudicial form is archaic in most states. Its remains, however, remain a set of principles that are adopted to varying degrees by law and jurisprudence. It usually manifests itself as an affirmative defence against criminal homicides that have taken place in a home; [16] In some states, however, it easily improves the conditions for justified murder in self-defense by failing to establish an obligation to retreat or avoid a violent encounter, or even by granting a rebuttable general presumption of murder necessary for the defense of life. When the principles are enshrined in a penal code, homicide can be excused criminally, but civil can be an unlawful death. In a narrower sense, simple justified murder in self-defense, which happens to take place in one`s own home, is legally different from the castle`s doctrine of retreating to defend one`s residence. Self-defense protects life, while the doctrine of the castle defends the estate. While most U.S.
states prohibit the use of force to reclaim landed property,[15] a minority of jurisdictions invoke the pure castle doctrine, which unconditionally allows violent self-help to protect one`s own residence. The legal concept of the inviolability of the house has been known in Western civilization since the time of the Roman Republic. [3] In English common law, the term derives from the saying that “an Englishman`s house is his castle” (see Semayne). This concept was developed by 17th century lawyer Sir Edward Coke. In his book The Institutes of the Laws of England, 1628, established as English law:[4] Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin) grant civil immunity in certain circumstances of self-defense. Fine stated that if an intruder enters John, he has “the right to shoot that person according to castle doctrine, not the other way around.” In current legal practice, the official laws of the state`s castle doctrine limit where, when, and who can lawfully use lethal force. As in all cases of self-defense, defendants must prove that their actions were justified by law. The burden of proof lies with the defendant. Australian states have different laws on self-defence.
Under South Australian law, the general defence is contained in section 15(1) of the Criminal Law Consolidation (SA) Act 1935 for the defence of a person`s life and section 15A(1) for the defence of property, subject to a hybrid test, i.e. the defendant honestly believed that the threat was imminent and responded objectively reasonably and proportionately to the circumstances, as the defendant perceived them subjectively. [48] A castle doctrine, also known as castle law or defense of residency, is a legal doctrine that refers to a person`s home or a legally occupied place (for example, a vehicle or dwelling) as a place where that person enjoys protection and immunity that allows force (up to and including lethal force) to be used in certain circumstances. to defend yourself against an intruder. Free from prosecution for the consequences of the violence used. [1] The term is most commonly used in the United States, although many other countries invoke similar principles in their laws. In April 2018, the law extended the protection of the castle doctrine. [47] George Zimmerman`s fatal shooting of teenager Trayvon Martin in February 2012 put the “Stand Your Ground” laws in the spotlight. In addition to a valid defense in criminal law, many laws that implement the castle doctrine, especially those that include a “stand-your-ground clause,” also include a clause granting immunity from civil lawsuits brought on behalf of the aggressor (for damages/injuries resulting from the violence with which they were arrested). Without this clause, an attacker could sue for medical expenses, property damage, disability, and pain and suffering resulting from injuries inflicted by the defense attorney; Or, if the violence results in the death of the abuser, his next of kin or estate could take illegal legal action. Even if the rebuttal is successful, the defendant (the owner/defence lawyer) will still have to pay high legal fees, which would result in the rejection of the application. Without criminal/civil immunity, such a civil action could be used as revenge against a legitimate defense attorney (who was originally the abuser`s victim).
In 1841, the Pre-emption Act was passed to “appropriate the proceeds of the sale of public lands.” and granting “pre-emptive rights” to people who already lived on federal lands (commonly referred to as “squatters”). Meanwhile, advocacy clubs sprang up all over the United States to advocate vigilance and castle doctrine. This was consistent with the culture of manifest destiny that led to westward expansion and Indian Wars, the last of which ended in the 1920s. Then, as now, there were English politicians who were for or against the use of self-handling rather than state aid. William Blackstone proclaims in Book 4, Chapter 16[10] of his Commentaries on the Laws of England[11] that the laws “give him (the inhabitant) the natural right to kill the aggressor (the burglar)” and generalizes with the following words: The castle doctrine exists in both the common law and the Model Penal Code. People who were involved in illegal activities such as drug trafficking or robberies at the time of the confrontation are generally not eligible for the protection of “Stand Your Ground” laws.