Castle Doctrine and Stand Your Ground: legal conundrum
Much has been bantered about regarding the various “castle doctrines” and related laws. Much of what is out there is just that, out there. Many states have adopted some form of “castle” or “stand your ground” laws as they relate to use of deadly force in defense of one’s person, home or property. They are about as clear as the lower reaches of the Mississippi…
Where these laws evolved from was places like NY and NJ required that you attempt to flee, even from your own home, before you could legally use deadly force defensively. That meant that if the repeat offender broke into your home with evil physical intent, you had to try to escape before shooting him or you couldn’t claim self defense. I know it sounds asinine, but it was the law in several jurisdictions.
Society and eventually some law makers came to recognize what a flawed concept that was and laws were introduced that took into account that fleeing is rarely a feasible option when dealing with violent humans. The idea that one has the right to be secure in their persons, effects and homes (sounds familiar) and to protect the same from violent criminals is just common sense. This also takes into account that escape from a deadly force threat in the open may not be advised. If you turn your back on the armed criminal you may get shot in the back. If you must fight, you must fight and that requires facing your opponent.
We’ve covered what Deadly Force is and when you may use it previously, so we won’t cover that again. Suffice to say, I am unaware of any law in the U.S. that allows civilians to use deadly force merely to protect property. The military is a different animal and we don’t want to conflate those issues. The theft of a family heirloom may be stressing and angering, but it doesn’t constitute a physical threat so use of force is highly discouraged.
Check the actual laws where you live, work, vacation, etc. so that you understand the rules and nuances. Most states have a legal FAQs page and twenty minutes of reading could mean the difference between time at home and time in jail. Don’t trust your freedom or fortune to some internet influencer who might be an idiot..