The
Castle Law is one of the most interesting Self-Defense laws that exists in the United States
but is largely derived from the English Common Law. The original Book 4,
Chapter 16 of William Blackstone's Commentaries on the Laws of England states
that a man has the right to protect his house (also called his castle) and
there is no possible way to lawfully enter the house, except for cases when it
is needed for Public Safety (for example during a lawsuit). Americas Castle
Doctrine version labeled as Law or a Defense of Habitation Law, goes a bit
further, it designates one's place of residence (or, in some states, any place
legally occupied, such as one's car or place of work) as a place in which one
enjoys protection from illegal trespassing and violent attack and guarantees
the right of the owner to use deadly force to protect his castle. The whole
controversy here revolves around the fact that homicide is justified under the
Castle Doctrine. As for the Canadian Criminal Code the laws on defense of
property state that not more that necessary force can be used to protect the
property, but no specific limits are specified. The Castle Law and the Canadian
Criminal Code also give the same legal rights to any other innocent person
legally inside the house during the incident. Not all the states support the
Castle Doctrine. Alabama, Alaska,
Arizona, Florida,
Georgia, Indiana,
Kansas, Kentucky,
Louisiana, Michigan,
Mississippi, Missouri,
North Dakota, Ohio,
Oklahoma, South Carolina,
South Dakota, Tennessee,
Texas and West Virginia
have the Castle Doctrine, other states Montana,
New Hampshire, Pennsylvania,
Washington, and Wyoming have their own versions of Property
Defense laws.
In
various states the law has different limitations for instances in which the
Castle Doctrine can be used, and what degree of retreat or non-deadly
resistance (if any) is required before the usage of deadly force. At first the
occupants of the house must be in the house legally. If the occupants of the
house are fugitives or are using the Doctrine to assist fugitives their actions
are not justified by the doctrine. Generally the doctrine can be used against a
person who is trying (or tried) to unlawfully and/or forcibly enter the Castle
(home, business or car). Police officers can enter the house only after a valid
warrant was presented to the owner, in other cases it is illegal. That’s why in
most of the movies, when a policemen in the U.S is entering the house for some
unlawful investigation he can be shot on sight. The occupants of the house must
also reasonably believe that the intruder intends to inflict serious bodily
harm or death or intends to commit some other felony, such as arson or
burglary. Also if the intrusion was provoked by the occupants of the house, the
following use of any force may not be justifiable. The Castle Doctrine itself
is a very interesting law mechanism that is definitely one of the cornerstones
of the citizens rights in the United
States, still this stone is very often used
not in the way it was supposed to and even during the last years it triggered
few controversial lawsuits.
