DEFEND YOUR CASTLE 2 FREE

A home defender who struck and killed a thief caught in the act of breaking in at night was not guilty of bloodshed. Īccording to 18th-century Presbyterian minister and biblical commentator Matthew Henry, the prohibition of murder found in the Old Testament contains an exception for legitimate self-defense. The term has been used in England to imply a person's absolute right to exclude anyone from their home, although this has always had restrictions, such as bailiffs having increasing powers of entry since the late-20th century. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter.' Įnglish common law came with colonists to the New World, where it has become known as the castle doctrine. The term 'castle' was defined in 1763 by Prime Minister William Pitt, 1st Earl of Chatham, 'The poorest man may in his cottage bid defiance to all the forces of the crown. This concept was established as English law by the 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628: įor a man's house is his castle, et domus sua cuique est tutissimum refugium. In English common law the term is derived from the dictum that ' an Englishman's home is his castle' (see Semayne's case). The legal concept of the inviolability of the home has been known in Western civilization since the age of the Roman Republic.

3.2 States with weak or no specific castle law.

3.1 States incorporating castle doctrine principles.

3 State-by-state positions in the United States.

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 and Scottish businessman Andrew de Vries. The doctrine can be misused as a pretext for extrajudicial punishment in private spaces. It would be a misconception of law to infer that because a state has a justifiable homicide in self-defense provision pertaining to one's domicile, it has a castle doctrine protecting the estate and exonerating any duty whatsoever to retreat therefrom. With justifiable homicide in self-defense, one generally must objectively prove to a trier of fact, against all reasonable doubt, the intent in the intruder's mind to commit violence or a felony. The burden of proof of fact is much less challenging than that of justifying a homicide in self-defense.

Justifiable homicide 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. Castle doctrines may not provide civil immunity, such as from wrongful death suits, which have a much lower burden of proof. 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. 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'. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.ĭepending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so.

DEFEND YOUR CASTLE 2 FREE

For the hill in Scotland, see Castle Law.Ī 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, a vehicle or 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. Prepare to Defend your Castle against the relentless army of crayon invaders! Those crafty barbarian hordes have amassed their forces once again to challenge your domain.'Castle law' redirects here.

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