Castle Doctrine: Its Origins and Impacts on U.S. Homeowners
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Laws involving the "Castle Doctrine" for home owners, or the ability to protect oneself from outside intruders, have been broadened in recent years to provide protections and extend gun rights in areas outside the home. This presentation is a brief introduction to the concept with reference to some high-profile cases. Cover Art: Drake Dunaway
Transcript of Castle Doctrine: Its Origins and Impacts on U.S. Homeowners
AMERICA’S FASCINATION WITH FIREARMS• 39% of American households own a
gun in 2010 • Ownership rate peaked at 51% in
1977 • White (44%) vs. Non-White (27%)• Peak years for ownership (50-64)• Big disparities by region
East (22%) Midwest (39%) South (50%) West (37%)
• Disparities between Republicans and Democrats (49% vs. 35%) SOURCE: Gallup, Inc.
MORE STATISTICS ON FIREARMS• # of guns owned by private civilians
(270M – 310M)• Military firearms (2.7M)• Police firearms (1.15M)• Total # of gun deaths in 2011 (32K+)• In the U.S., you are permitted to:
own/possess a handgun own/possess (semi)automatic weapons (subject to federal licensing/registration)
SOURCE: www.gunpolicy.org
ORIGINS OF THE CASTLE DOCTRINE• Common law theory of justification• Allows an individual to use reasonable force
to defend self or others against attack from intruders who have an intent to harm/kill
• May use deadly force if necessary• Early forms of the Castle Doctrine placed
the burden on the non-aggressor to retreat to a safe place if no harm was imminent
• The common benchmark toward justification of use of force was whether your “back was against the wall”
• Many states view the home as a special sanctity and do not mandate a “duty to retreat” (original phrase from Oliver Wendell Holmes)
• Does not cover those who have a legal right to enter the dwelling
SOME AREAS EVEN GO ONE STEP FURTHER…
KENNESAW, GA• In 1982, the city passed
an ordinance (Sec. 34-21) applying to protection of one’s home
• Requires homeowners to actually own a gun and ammunition
• Not strictly enforced• Dramatic effects on
crime deterrence
CASTLE DOCTRINE IN THE NEWS A LOT THESE DAYS
TRAYVON MARTIN/GEORGE ZIMMERMAN CASE
• In Feb. 2012, Martin (top) was shot/killed by Zimmerman (lower) after a brief altercation in the neighborhood that Zimmerman was patrolling.
• Under Florida’s “Stand Your Ground” law, Zimmerman was not charged based on his claims that he was in fear of his safety.
• “Stand Your Ground” represents a broadening of the Castle Doctrine, in that it extends the zone of protection from the home to any public area.
• Case was further complicated by Zimmerman’s hiring for neighborhood patrol by a local HOA.
• Remains one of the most controversial test cases challenging the protections granted under “Stand Your Ground”
OSCAR PISTORIUS “BLADE RUNNER”• Pistorius, a South African Olympian,
shot/killed his girlfriend in Feb. 2013 at night after believing she was an intruder.
• Legally, he was on safe ground to do so if the “intruder” claim was proven to be true.
• Presently on trial amid evidence laying doubt to these claims.
JOE HORN• Resides in Pasadena, TX• In 2008, caught two burglars breaking into his
neighbor’s home• Made 911 call clearly describing the problem• Not clear whether he was personally in danger• Burglars stole property…did not take life• Shot burglars after they entered his yard,
despite 911 dispatch’s instructions to put down his weapon
• Grand jury did not seek an indictment/prosecution against Mr. Horn
• Case proved to be controversial
CONNECTION TO HOME INVASIONS
• In many jurisdictions, home invasion is not defined per se.
• The offense is something that occurs after a burglary or unlawful entry.
• Differs from burglaries in ways of having a violent intent
• Some states have introduced bills to recognize this as a new form of capital crime
• Mostly confined to the U.S.
STATES WITH EXISTING CASTLE DOCTRINE LAWS
Source: themilwaukeedrum.com
REASONABLE PRUDENT PERSON STANDARD
• Asks “What would a reasonable person do in similar circumstances under the same attack or threat?”
• Usually up to prosecutorial discretion, but backed by case law
• Must assume the perspective of a person with average skill, knowledge and judgment
FLORIDA’S PERSONAL PROTECTION BILL: AN EXPANSION OF THE CASTLE DOCTRINE
• Expanding the right to self-defense to “anywhere that you have the right to be”
• Broaden the situations involving use of deadly force to circumstances in which only property is threatened
• Providing blanket immunity for both criminal and civil cases for use of force permitted under Castle Doctrine
POTENTIAL PLACES TO WHICH CASTLE DOCTRINE LAWS CAN EXTEND
• Parks
• Parking Lots
• Campsites/Tents
• Workplace
AT ISSUE WITH THE ONGOING DISCUSSION ABOUT THE CASTLE DOCTRINE
• No real empirical research on Castle Doctrine’s effect on deterring crime
• The irony of the Doctrine’s effect on citizen vs. law enforcement powers
• Immunity from civil lawsuits in Castle Doctrine cases remains an issue in some states
• What do incidents such as the Sandy Hook massacre have on the re-thinking of Castle Doctrine?
• Will gun control efforts spread toward a weakening of the Doctrine?
ANY FURTHER QUESTIONS?
