Global InformationCastle doctrine information
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 from legal prosecution for the consequences of the force used.[1] The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.
Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another".[1] The castle doctrine is not a defined law that can be invoked, but a set of principles which may be incorporated in some form in many jurisdictions. Castle doctrines may not provide civil immunity, such as from wrongful death suits, which have a much lower burden of proof.
Justifiable homicide[2] in self-defense which happens to occur inside one's home is distinct, as a matter of law, from castle doctrine, because the mere occurrence of trespassing—and occasionally a subjective requirement of fear—is sufficient to invoke the castle doctrine,[citation needed] under which the burden of proof of fact is much less challenging than that of justifying homicide in self-defense. However, the existence in a legal code of such a provision (of justifiable homicide in self-defense pertaining to one's domicile) does not imply the creation of a castle doctrine protecting the estate and exonerating any duty to retreat. The use of this legal principle in the United States has been controversial in relation to a number of cases in which it has been invoked, including the deaths of Japanese exchange student Yoshihiro Hattori[3] and Scottish businessman Andrew de Vries.[citation needed]
- ^ a b "Assembly, No. 159, State of New Jersey, 213th Legislature, The "New Jersey Self Defense Law"" (PDF). May 6, 2008. Archived from the original (PDF) on 2012-09-02. Retrieved 2009-03-19.
The "Castle Doctrine" is a long-standing American legal concept arising from English Common Law that provides that one's abode is a special area in which one enjoys certain protections and immunities, that one is not obligated to retreat before defending oneself against attack, and that one may do so without fear of prosecution.
- ^ Black's Law Dictionary: This term applies to the blameless killing of a person, such as in self-defense.
- ^ "Homeowner Shoots Tourist by Mistake In Texas, Police Say". New York Times. January 8, 1994. Archived from the original on August 26, 2023. Retrieved August 26, 2023.