Castle Doctrine in the United States

have probable cause that the person abused the law. In the united states the criminal is not allowed to sue the victim if they are harmed or injured. The Stand Your Ground law originated from the Castle Doctrine. The Castle Doctrine states that where someone is not the aggressor and is being violently assaulted in their home there is no need to retreat. This Doctrine, such as the Stand Your Ground law, requires that person truly believed that their well-being was in danger. Also, the person must only act in their homes or any form of a dwelling. The Stand Your Ground law is a broader branch of what the Castle Doctrine entails. The Stand Your Ground law became a law to protect people’s basic rights although it has been doing quite the opposite. Although the Stand Your Ground law may seem like it applies to almost all situations it doesn’t. The law does not apply to a person who is engaged in unlawful activity or if the person is in a location they should not be. Meaning if a person has trespassed onto another person’s property and the land owner begins to approach, the trespassers no longer is entitled to the Stand Your Ground law. They are not allowed to exert any kind of force towards the person since they are not permitted to be on those grounds. In the case that home owner began to assault the trespasser the trespasser would not be protected by the law if he or she were to fight back. Under the law, it clearly states that it does not apply if the person is attempting to…

Ohio’s castle law gives citizens legal right to self-defense. If you feel threatened, if an intruder comes in your house or vandalizes your property you have the legal right to use the castle law in the proper situation. You have the right to use self-defense, when you feel like your life is on the line. Such as an intruder coming in your house with a weapon or someone trying to steal your car while you are sitting in a traffic jam. This is why everyone that has a clean record should have their…

The state of Maryland follows the common law when it comes to self-defense: the amount of forced used when defending oneself and the duty to retreat. The definition of self-defense given by the common law is “The right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one 's person.” Correspondingly, the duty to retreat is “The doctrine holding that a victim of a deadly assault must attempt to safely retreat before using deadly…

The castle doctrine is a doctrine that allows you to permit people who have been assaulted in their home by an trespasser to stand their ground and use such force as reasonable and necessary to defend themselves. The castle doctrine does not require a lawful occupant in the home to retreat when they are confronted by a tresspassing person or a person that isn’t residing in that home or property.As for stand your ground a homeonwer has a reasonsable fear of imminent peril or death whenever…

On the 11th of April, 2012 the State of Florida levied second-degree charges against George Zimmerman in the shooting death of Trayvon Martin. The case would quickly gain national attention for nationwide protests concerning racial tensions and problems in the United States. Yet the case would bring another concern into the spotlight, the problems surrounding the idea of stand-your-ground laws. Following Florida v. Zimmerman, the then Attorney General Eric Holder would criticize…

Stand Your Ground Laws were passed, but there was an increase homicides since these laws have been passed. Even though there has been an increase in homicides; Stand Your Ground Laws have allowed many innocent citizens to stand up for themselves without prosecution and this is why Stand Your Ground Laws should be legalized in all 50 states. Stand Your Ground Laws have been around for over hundreds of years; even before America declared its independence from Great Britain. This early English…

part of the Second Amendment and some say that the constitution can’t take that natural right away from the citizens of the United States. Many deaths occur in fault of guns and guns getting in the wrong people 's hands, but it also can protect us. Without self-defense how would we defend ourselves from robberies, rapes, and other harmful situations people are encountered with every single day. " 'the right of having and using arms for self-preservation and defence. '" says Sir William…

This paper reflects upon the establishment of the Fourth Amendment, added as part of the Bill of Rights on December 15, 1791. From the colonial era to the establishment of the United States Constitution in September 17, 1787, Philadelphia. The implementation of the United States Supreme Court in 1789; under the Judiciary Act of 1789. The many challenges surrounding the notion that “Every man 's home is his castle” The Constitution of the United States: Fourth Amendment Rights…

this writing, several state and local officials(25) initiated lawsuits challenging Brady, contending that the act violates the Tenth Amendment to the U.S. Constitution, which reserves to the states powers not delegated to the federal government.” (DeFrancis and…

the person has an obligation to use force to defend himself and his property at all costs. Stand your ground law is also valid since you have to stand on your feet and defend yourself when there is a possible threat that can harm you outside your home. An example is when you are walking home and you are attacked by robbers, you have an obligation to use force to defend yourself. Within the trial system, the role of the double jeopardy clause is to ensure that the state and the federal…