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Under the Castle Doctrine, you may presume any intruder into your home is there to do harm to you/your family and you can shoot them no questions asked.

Or, do you disagree with this common-sense legislation?

2007-02-17 20:53:11 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

its common sense. whats to disagree about ?

2007-02-17 21:58:52 · answer #1 · answered by IRunWithScissors 3 · 1 0

The way you phrased this question shows that despite what you said, you do not agree with the Castle Doctrine.

Here is what it really says...(Florida version)

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

This differs from the way the question was asked. The intruder must have FORCIBLY entered the home. There had better be a broken door or window or some other sign of force used to get in.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.

Again, different from the way the question was asked. You do not have to run but can meet FORCE WITH FORCE if you REASONABLY believe it is necessary to prevent death or harm. You can not just presume because he is there he is going to do harm. He may actually be there to help, like a fireman.

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

Again, not like the question was asked. If you use force AUTHORIZED by law, you shall not be prosecuted.

The information provided with the question grossly misstated what the Castle Doctrine actually said, then asks if you are disagree with this common-sense legislation. He is using a scare tactic. He wants you all to say, OH MY GOD...we need to stop that law.

2007-02-18 16:07:01 · answer #2 · answered by forgivebutdonotforget911 6 · 1 0

That is not entirely how the doctrine works. The castle doctrine is that you are not expected to flee from your home. So it addresses just one of the elements of self defense. I am a fan but self defense at least in the state I am from is an affirmative defense. I think the prosecution should have to prove I did not act in self defense. Self defense is an inherent right and we delegate it to the state(liberals disagree with this assumption.) Any law that restricts a persons free exercise of justifiable self defense should have very strong justifications.

2007-02-17 23:58:37 · answer #3 · answered by halfway 4 · 0 0

I certainlyl DO!

All the best!/

2007-02-17 22:05:40 · answer #4 · answered by Ebby 6 · 1 0

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