Gavin Howe
The Castle Doctrine, or Castle Law, is a legal doctrine that gives a person protections and immunities in their home or any legally occupied place, such as a car or business. This law allows the use of force, including deadly force, to defend oneself against an intruder without legal prosecution for the consequences.
The Castle Doctrine is different from stand your ground laws, which apply when facing a threat of violence in other locations, such as on a public street. While stand-your-ground laws allow the use of force to defend oneself and others from serious bodily harm, Castle Law is specific to one's home.
The Castle Doctrine is not a defined law and is instead a set of principles incorporated to varying degrees in many jurisdictions. Each state in the US has its own version of the doctrine, with some taking a broader approach than others. For example, in North Carolina, it is easy to establish self-defense as a person who has made an unlawful entry into your home is presumed to intend violence. In contrast, Illinois has a more limited version of the doctrine, allowing the use of deadly force only if an intruder is engaged in the commission of a forcible felony or enters a home in a violent, riotous, or tumultuous manner.
The Castle Doctrine can be used as a defense in both criminal and civil cases.
| Characteristics | Values |
|---|---|
| Number of States with Castle Doctrine Laws | 23 or more than half of the states |
| Right to Use Lethal Force | Yes, but only in your own home and in some states, your car or place of business |
| Right to Use Lethal Force Against Police Officers | No, unless the officer is attempting to make an unlawful arrest or a no-knock raid |
| Right to Use Lethal Force in Front Yard | No |
| Right to Use Lethal Force Against Someone Lawfully in Your Home | No |
| Right to Use Lethal Force if You Are the Aggressor | No |
| Right to Use Lethal Force Without Attempting to Retreat First | Yes, in most states |
| Right to Civil Immunity in Wrongful Death Suit | Yes |
| Right to Use Lethal Force to Protect Property | No, unless people are also in danger |
What You'll Learn
Castle doctrine and the right to self-defence
The Castle Doctrine, also known as Castle Law or Defense of Habitation Law, is a legal doctrine that gives a person the right to use force, including deadly force, to defend themselves against an intruder in their home or any legally occupied place, such as an automobile, without facing legal prosecution. This doctrine is based on the concept of the inviolability of the home, which has been recognised in Western civilisation since the age of the Roman Republic. The term 'castle' was defined by Prime Minister William Pitt in 1763, who stated, "The poorest man may in his cottage bid defiance to all the forces of the crown."
The Castle Doctrine is an exception to the 'duty to retreat' rule, which requires a person to retreat to protect their safety and avoid harm before resorting to the use of force. It is considered a justification for committing a felony or any infraction when an intruder enters one's private property. The doctrine allows the use of lethal force when an individual reasonably believes that such force is required to prevent imminent and unlawful entry, or to prevent serious bodily harm or death.
In the United States, the Castle Doctrine is incorporated into state laws in different ways, with some states adopting a broader version and others a narrower approach. For example, North Carolina has a broad version, presuming that an intruder who has made an unlawful entry intends violence, while Illinois has a more limited version, requiring the intruder to be engaged in the commission of a forcible felony or entering in a violent manner.
While the Castle Doctrine is a self-defence justification, it is distinct from 'stand-your-ground' laws, which apply when facing a threat of violence in other locations, such as on a public street. Stand-your-ground laws allow the use of force to defend oneself from serious bodily harm, without the duty to retreat, but only around half of the states have adopted these laws.
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The use of lethal force
The castle doctrine is not a defined law, but a set of principles incorporated to varying degrees in many jurisdictions. In most cases, a person must reasonably believe that the use of such physical force is necessary to prevent imminent death or great bodily harm.
In some states, the castle doctrine can be used as a defence in a criminal case, and sometimes to provide civil immunity in a wrongful death suit. However, the castle doctrine does not provide civil immunity in all cases, and there may be a duty to retreat to avoid violence if one can reasonably do so.
In the United States, the castle doctrine has been controversial in a number of cases in which it has been invoked, including the deaths of Japanese exchange student Yoshihiro Hattori and Scottish businessman Andrew de Vries.
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Civil immunity
The castle doctrine, also known as the castle law or defence of habitation law, allows a person to use force, including deadly force, to defend themselves against an intruder in their abode or any legally occupied place, such as an automobile or home. This doctrine provides protections and immunities that allow individuals to act without fear of legal prosecution for their actions.
While the castle doctrine is primarily used as a defence in criminal cases, it can also offer civil immunity in wrongful death suits. This immunity is especially important as it prevents individuals who have acted in self-defence from facing costly civil lawsuits from assailants or their next-of-kin. Without this civil immunity, individuals acting in self-defence could be sued for medical bills, property damage, disability, and pain and suffering resulting from the injuries inflicted.
The inclusion of civil immunity in the castle doctrine varies by state in the United States. For example, Colorado's "make my day" statute grants homeowners absolute immunity under certain conditions if they use deadly force against an intruder. In contrast, states like Indiana and South Dakota do not have civil immunity clauses within their castle doctrine statutes.
The expansion of castle doctrine legislation to include civil immunity has been a recent development, with 23 states passing such laws between 2005 and 2008. This expansion has been driven by lobbying efforts from organisations like the National Rifle Association (NRA) and has gained bipartisan support, with both Republican and Democratic legislators sponsoring and voting for these bills.
The inclusion of civil immunity in castle doctrine legislation ensures that individuals acting in self-defence are protected from financial liability in addition to criminal prosecution. This immunity is a crucial aspect of the castle doctrine, providing individuals with a comprehensive legal safeguard when acting in self-defence.
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Criminal prosecution
The castle doctrine, also known as castle law or defence of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place as a place in which that person has protections and immunities that allow them, in certain circumstances, to use force (up to and including deadly force) to defend themselves against an intruder, without legal prosecution for the consequences of the force used.
The castle doctrine is a self-defence justification for the use of deadly force against an intruder in an individual's home. The doctrine may shield you from criminal prosecution and sometimes civil liability for shooting an unarmed trespasser. In most cases, you must reasonably believe that such physical force is necessary to prevent imminent death or great bodily harm. The individual claiming self-defence under the castle doctrine has the burden of proof.
In the US, the castle doctrine is used as a defence in criminal cases. The doctrine is not specifically invoked via statute but has developed over time through the Model Penal Code, case law, and precedent.
Each US state has its own version of the doctrine, with some states taking a broader approach, allowing the use of deadly force against almost any trespasser who has broken into your home. Other states take a narrower approach, requiring evidence that the intruder was attempting to commit a felony after breaking and entering.
In some states, the castle doctrine can be used as a defence against the use of reasonable force by a police officer in the event of an unlawful arrest or a no-knock raid. However, the castle doctrine does not allow the use of force against officers of the law acting in the course of their legal duties.
In addition to criminal immunity, the castle doctrine can also provide civil immunity in a wrongful death suit.
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State-specific castle doctrine laws
The castle doctrine is a self-defence law that allows individuals to use force, including deadly force, to protect themselves within their own homes or other legally occupied spaces without the obligation to retreat. While the castle doctrine is a widely recognised principle, each state has its own version of the doctrine, with some states taking a broader approach than others. Here is a state-by-state breakdown of castle doctrine laws:
Alabama
Alabama is a stand-your-ground state, meaning it has no duty to retreat laws.
Alaska
Alaska is also a stand-your-ground state, with no duty to retreat.
Arizona
Arizona is another stand-your-ground state, with no duty to retreat laws.
Arkansas
Arkansas is a stand-your-ground state, meaning its citizens have no duty to retreat.
California
California has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
Colorado
Colorado has a “make my day” statute, granting homeowners immunity under certain conditions if they use deadly force against intruders.
Connecticut
Connecticut has a duty to retreat law, meaning individuals may not use deadly force if it is possible to avoid danger by retreating.
Delaware
Delaware also has a duty to retreat law, requiring individuals to retreat if possible.
Florida
Florida is a stand-your-ground state, with no duty to retreat.
Georgia
Georgia is a stand-your-ground state, meaning it has no duty to retreat laws.
Hawaii
Hawaii has a duty to retreat law, requiring individuals to retreat from danger if possible.
Idaho
Idaho is a stand-your-ground state, meaning it has no duty to retreat laws.
Illinois
Illinois has a more limited version of the castle doctrine, requiring intruders to be engaged in the commission of a forcible felony or entering in a "violent, riotous or tumultuous manner" for deadly force to be used.
Indiana
Indiana is a stand-your-ground state, with no duty to retreat.
Iowa
Iowa has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
Kansas
Kansas is a stand-your-ground state, meaning it has no duty to retreat laws.
Kentucky
Kentucky is a stand-your-ground state, with no duty to retreat laws.
Louisiana
Louisiana is a stand-your-ground state, meaning its citizens have no duty to retreat.
Maine
Maine has a duty to retreat law, requiring individuals to retreat from danger if possible.
Maryland
Maryland has a duty to retreat law, meaning individuals may not use deadly force if they can safely retreat.
Massachusetts
Massachusetts has a duty to retreat law, requiring individuals to retreat if possible.
Michigan
Michigan is a stand-your-ground state, meaning it has no duty to retreat laws.
Minnesota
Minnesota has a duty to retreat law, meaning individuals must retreat from danger if possible.
Mississippi
Mississippi is a stand-your-ground state, with no duty to retreat laws.
Missouri
Missouri is a stand-your-ground state, meaning it has no duty to retreat.
Montana
Montana is a stand-your-ground state, meaning its citizens have no duty to retreat.
Nebraska
Nebraska has a duty to retreat law, requiring individuals to retreat if possible.
Nevada
Nevada is a stand-your-ground state, with no duty to retreat laws.
New Hampshire
New Hampshire is a stand-your-ground state, meaning it has no duty to retreat.
New Jersey
New Jersey has a duty to retreat law, requiring individuals to retreat if possible.
New Mexico
New Mexico has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
New York
New York has a duty to retreat law, meaning individuals may not use deadly force if they can safely retreat.
North Carolina
North Carolina is a stand-your-ground state, with no duty to retreat laws.
North Dakota
North Dakota has a duty to retreat law, requiring individuals to retreat if possible.
Ohio
Ohio is a stand-your-ground state, meaning it has no duty to retreat.
Oklahoma
Oklahoma is a stand-your-ground state, meaning it has no duty to retreat laws.
Oregon
Oregon has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
Pennsylvania
Pennsylvania is a stand-your-ground state, with no duty to retreat laws.
Rhode Island
Rhode Island has a duty to retreat law, requiring individuals to retreat if possible.
South Carolina
South Carolina is a stand-your-ground state, meaning it has no duty to retreat.
South Dakota
South Dakota is a stand-your-ground state, with no duty to retreat laws.
Tennessee
Tennessee is a stand-your-ground state, meaning it has no duty to retreat.
Texas
Texas is a stand-your-ground state, with no duty to retreat laws.
Utah
Utah is a stand-your-ground state, meaning it has no duty to retreat.
Vermont
Vermont has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
Virginia
Virginia has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
Washington
Washington has adopted the castle doctrine, allowing individuals to defend their homes without the duty to retreat.
West Virginia
West Virginia is a stand-your-ground state, with no duty to retreat laws.
Wisconsin
Wisconsin has a
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