no retreat law
), many people may have questions on the concept of “Castle Doctrine Law”, so I decided to post on this little known law of self defense, and how it differs from other laws of self defense. [1]
“Lethal force”, “no retreat”, “castle law”, there are a lot of different names for the law Indiana and Kentucky both passed in 2006. [2]
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept arising from English Common Law that 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. [...] It then goes on to give a person the legal right to use deadly force to defend that place (his/her “castle “), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. [3]
NRA spokesman Andrew Arulanandam said the so-called “no retreat” self-defense laws enacted in 22 states over the past three years are important because some jurisdictions have held that crime victims have a responsibility to flee rather than to defend themselves. [4]
The justices were asked to determine if the self-defense laws apply retroactively and what, if any, procedures are necessary to determine if the law applies before a case goes to trial. [5]
In the second case, public defender Bruce Hackett argued that the “no retreat” law should have been applied retroactively in the case of Rodgers, who is serving 20 years for manslaughter in the 2004 shooting death of Dewhon McAfee in Louisville. [2]
In the second case, public defender Bruce Hackett argued that the “no retreat” law should have retroactively been applied in the case of Frank Rodgers who is serving 20 years for manslaughter in the 2004 shooting death of Dewhon McAfee in Louisville. [4]
MIAMI, Florida (CNN) — Authorities do not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, saying he is protected under the state’s controversial “no retreat” law. [6]
It then goes on to give a person the legal right to use deadly force to defend that place (his/her “castle”), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. [1]
In a second case, public defender Bruce Hackett argued that the “no retreat” law should have retroactively been applied in the case of Frank Rodgers. [5]
“The father, sensing something was wrong, decided to defend his family… pulled out a gun and he shot and killed the suspect on the scene,” Jefferson said. [7]
To the best of my knowledge, Michigan and Louisiana are the only states of this once-free land whose laws governing self-defense explicitly disavow the spurious notion that free people under criminal attack have a duty to retreat before availing themselves of the innate right to lethal self-defense. [...] The right to armed resistance against unlawful police power was widely recognized until at least the dawn of the 20th Century. [8]
Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used. [3]
Sources:
[1] THE CASTLE DOCTRINE LAWS ” BEAUTIFUL, ALSO, ARE THE SOULS OF MY BLACK …
[2] The Indiana Law Blog: Law - “Ky. high court weighing how to apply new …
[3] Castle Doctrine in the United States - Wikipedia, the free encyclopedia
[4] Self-Defense Law To Get Look - KYPost.com
[5] “No Retreat” Cases Before KY Supreme Court
[6] Sheriff: Law protects SUV owner who shot, killed woman - CNN.com
[7] Cogito Ergo Geek: Florida “No Retreat” law in action
[8] Pro Libertate: No Duty To Retreat (Updated and corrected)