Abstract
Majority of the fifty states have one of two doctrines that articulate the use of physical force when it comes to self-defense and use of deadly force. The first being castle doctrine and the second being “stand your ground”. I will explain what these two ideas are and how they are viewed in the bill of some of the states that have adopted them and what are the differences in the two. Keywords: Castle Doctrine, Stand Your Ground, deadly force Castle Doctrine and stand your ground doctrine refer to the right to defend one’s self under the gun laws of the individual states.
Both doctrine have very common ideas but they are different very important ways. What is “castle doctrine” and “stand your ground state”; how do they pertain to the use of deadly force? This paper will explain what “castle doctrine” and “stand your ground doctrine” means and explain the differences in these two highly contested doctrine. Castle doctrine and “stand your ground state” are very similar. So similar to the point that “stand your ground” is just a more liberal form of castle doctrine. Under these laws it allows the individual to use deadly force.
The definition of deadly force is “that force which a reasonable person would consider likely to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed. (Cornell University, 2013) This is open to interpretation since no two people are capable of doing all the same things. One may see a situation as something they may be able to handle where as someone of more physical capabilities can handle it.
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Under these two doctrines deadly force used in self-defense is considered “justifiable homicide” instead of criminal homicide. Under both castle doctrine and “stand your ground” there are still strict circumstances that have to be meet. A person has to have a reasonable belief of a threat to one’s self or another and a legal right to be at that location. Under these an individual has “no duty to retreat”. (Connecticut, 2012) Meaning in terms of any forcible entry one may use deadly force. The Castle Doctrine refers mainly to one’s home, place of work, and vehicle.
Castle Doctrine is defined in Connecticut’s bill as “The Castle Doctrine is a common law doctrine that designates a person’s abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and allows such a person in certain circumstances, to attack an intruder instead of retreating. Typically, deadly force is considered justified homicide only in cases when the actor reasonably feared imminent peril of death or serious bodily harm to oneself or another.
The doctrine is not a defined law that can be invoked, but is a set of principles which is incorporated in some form in the law of most states. Forty-six states, including Connecticut, have incorporated the Castle Doctrine into law. ” (Connecticut 2012) An individual under the Castle Doctrine can only use deadly force along with the reasonable fear of a threat, and forcible entry into one’s home. The second condition for justifiable use of force is the highly contested ‘Stand Your Ground”. Nineteen of the fifty states have a form of the “Stand Your Ground Law”.
These two doctrines are very similar in many ways except for the lack of the common law of your residences. This difference is defined in the Florida statutes as follows. “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
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” (Florida Statues, 2013) What this means that in a state with the “Stand Your Ground” law an individual does not have the responsibility of retreating while in their home but also applies to any place that a person is legally allowed to be. In conclusion “laws differ from state to state, and what may be considered self-defense in one state, might be grounds for a murder or manslaughter indictment in another.
” (Brendan Purves, 2013) even though both doctrines allow the use of deadly force. The difference in these two doctrines may only be the lack of a common law but the lack of that common law is the difference in criminal manslaughter and justifiable homicide. One only outlines the use of deadly force while in one’s home and one allows the use of deadly for in ones defense anywhere
