What is castle doctrine? Castle doctrine is the law that provides a person to the right to use deadly force to protect his property on his or her ground instead of retreating, against an intruder who wants to carry out armed robbery or to inflict serious physical harm upon the person in the property (Business Dictionary) This legal rule is very interesting as it gives a person exclusive dominion and control over what goes inside his house except of felony, murder, drug trafficking, domestic abuse, and rape.
This law allows a person in the house to defend himself and his household against anyone who intends to commit crimes or to commit burglary. Under this rule, a man’s home is his castle and he has the right to defend it against any intruders. This is a fair and very noble law because it recognizes the legitimate right of the man in the in house. As someone says “there is no safe place like home. ” Many of us assume that our home is our comfort zone. It is our safe zone, and it is our place retreat when everything around us in the work place or in school or anywhere is not going well with us.
It is in our hour that we fully entrust our safety, our family, our investments, and everything that we consider valuable to us. In other words, our house is like a bank that is being guarded twenty four hours by armed guards who are ready to pull the trigger to any intruder who intends to steal or to stage a hold up. In this context, the guards are licensed to kill criminals with the purpose of staging criminal activities. With out that blanket authority, they could never carryout their duty effectively as criminals will not pay any respect to them and banks will not be able to protect the people’s money deposited by their customers.
The house as I mentioned earlier is like a bank, and with out such any law that would give people exclusive dominion in their house, burglars and all sorts of criminals will be very happy as they could plan their well their notorious intent with less fear of being killed as they would naturally assume the people inside will hesitate to use deadly action for fear of prosecution. Thus the Castle Doctrine is a law that directly favors good people especially those who consider their home their comfort zone or their investment where all that are valuable to him including family are there.
According to Larry Siegel, this law “allows the use of deadly force when a person reasonably believes it necessary that their lives are in danger, without fear prosecution. According to Siegel, this law authorizes the use of defensive force by anyone “who is not engaged in unlawful activity and who is attacked in any other where he or she has a right to be. Furthermore, this law recognizes that the person has no duty to retreat and can stand his ground and meet force with force.
Given the above, the Castle Doctrine is also a deterrent to crimes of burglary and other notorious crimes knowing that the people inside the house are authorized under the law to use deadly action even to the point of killing the intruder when necessary with fear of being prosecuted by law. Castle Doctrine provides house owners the right to protect one’s comfort zone, one’s safety, and one’s investment. This is absolutely necessary given the fact that people who are often the target of criminal elements are the good people and seldom the bad ones.
The concept of Castle Doctrine according to Bryan Garner has its origin in antiquity. The idea of Castle Doctrine was derived from an animals or a bird “resents any intrusion into its place of abode” (Garner, 136). While it is recognized that under the rule, even the innocent victim of a murderous assault must retreat safely, if possible instead of resorting to deadly violence unless the victim is in his or her castle at the time. Here again, the importance of castle doctrine was given emphasis by law.
The law recognizes that the home is both the first and the last stronghold of defense. This law recognizes not only the privacy of the individual but also the rights of the individual inside his castle. For instance, an innocent victim who simply defended himself may still face prosecution if it is proven that he did not exercise his duty to safely retreat. But once inside the home, any one has no right to forcibly enter one’s house. If this happens, the intruder certainly has a criminal intention, and those inside the house who were innocent people should not fall victims of crime.
This law therefore should be not be repeal but enhanced to cover even the trespassing on property with intention to inflict serious physical harm. One more thing that strongly put forward the importance of this law is the increasing cases of burglary cases and other crimes involving murder and rape. With each house owners aware of their rights to defend their castle against any intruder, some who may be planning to perpetuate this kind crime will have a second thought whether he or they will do it.
In this case, Castle Doctrine helps to prevent crime potential crimes. Given these importance of castle doctrine, authorities should seek some ways to further expand the law of Castle Doctrine in order to fully protect innocent people from crimes while inside their own castle. People inside their fortification assumes safety, but we could not deny that there just a lot people whose business is to steal or to commit crimes. While inside their homes, they have responsibility in their lives and property.
It is the time when the duties of the police authorities to protect the lives and properties are shifted to the civilians. Therefore, government agencies dealing with public safety should seek some ways to enhance the Castle Doctrine in order maximize protection of people in their own homes. Work Cited “Castle Doctrine” http://www. businessdictionary. com/definition/castle-doctrine. html Garner, Brian A Dictionary of Modern Legal Use USA: Oxford University Press, 1965 Siegle, Larry J. Introduction to Criminal Justice USA: Cengage Learning, 2010