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Castle doctrine
- Thread starter shadowbuz
- Start date
inlinehockey
Inactive
Indiana
Indiana recently added a castle doctrine to the books. It is effective July of this year, IIRC.
Indiana recently added a castle doctrine to the books. It is effective July of this year, IIRC.
AirForceShooter
New member
Florida has it and you don't leave home without it.
AFS
AFS
In Idaho, the common law castle doctrine has always been in force. As has the common law stand-your-ground doctrine. Unlike some other states, our courts have not attacked the presumption of these common law rules. But our legislature did enact one good piece of legislation, that the courts had started messing with. If you shoot a person and the shooting is deemed self-defense, no civil charges may be brought against you. Additionally, if civil charges have been filed against you, before the official ruling and your are later cleared of any criminal wrongdoing, then the plaintiff must pay your attorney fees and the civil suit will be dismissed.
This is what should be expected of our legislatures. Don't pass unnecessary laws, but those that are passed, allow them to have some teeth! Sadly, this type of thing is rarely done, even in Idaho.
This is what should be expected of our legislatures. Don't pass unnecessary laws, but those that are passed, allow them to have some teeth! Sadly, this type of thing is rarely done, even in Idaho.
HangFire83
New member
A bill regarding institutionalizing the "castle doctrine" passed the senate here in Michigan. Waiting to see what the house does and then if Granholm will sign it.
Castle Doctrine
OK, We are up to seven states that have the Castle Doctrine on the books or soon will (Oklahoma as of November 1st). By the way, what is the legal difference between "doctrine" and "a law"? I assume that I was incorrect calling it "castle law" rather than "castle doctrine" when I posted this question, and thank you to those that brought this to my attention.
shadowbuz
OK, We are up to seven states that have the Castle Doctrine on the books or soon will (Oklahoma as of November 1st). By the way, what is the legal difference between "doctrine" and "a law"? I assume that I was incorrect calling it "castle law" rather than "castle doctrine" when I posted this question, and thank you to those that brought this to my attention.
shadowbuz
shadowbuz, when referring to the Castle Doctrine, you are essentially reffering to English common law. A rule that was derived from the ability to run from a threat (which latter become a common law itself - and still practiced in some states), rather than to stand your ground. You were assumed to run until you were inside your home. At that point, you no longer were required to retreat, but could meet force with force.
Castle Law, on the other hand is statutory law that is codified (enacted by legislation). Such codification overrules the common law, however it (common law) is read.
Therefore, the short answer is that your thread title is wrong. You were looking for states that have legislated Law and not merely adhere to the common law doctrine, as Idaho does.
I hope that was clear!?
Castle Law, on the other hand is statutory law that is codified (enacted by legislation). Such codification overrules the common law, however it (common law) is read.
Therefore, the short answer is that your thread title is wrong. You were looking for states that have legislated Law and not merely adhere to the common law doctrine, as Idaho does.
I hope that was clear!?