Castle Doctrine Thesis
Thesis
This paper will discuss the stand your ground laws and also the castle doctrine. These laws play a big role in today’s society and also, at times create a blurry line in terms of self defense. This can be seen in the case of Trayvon martin and George Zimmerman. This was when an unarmed black teen by the name of Trayvon Martin, was shot and killed by George Zimmerman, the unofficial neighborhood watch man. Zimmerman stated that the death occurred due to self defense and that the case fell under the stand your ground law. The Jury’s verdict then acquitted Zimmerman of the charge of second degree murder. This high profile case caused much controversy and reawakened the question of what is self-defense and what is murder. Furthermore this paper will discuss whether or not these laws just and fair or are a license to kill.
What is the Castle doctrine and where it is applied:
The Castle Doctrine is a law that allows a person to attack an intruder, under certain circumstances inside their homes. The person is protected from the …show more content…
States can be considered to have strong or soft castle laws. For example, in the state of Florida the Castle Doctrine can apply to any dwelling. The dwelling being protected does not need to have a roof; it can be moving or immobile and can be as temporary as a tent. In addition, the state of Texas allows citizens to protect their homes, car, and place of business or employment by using lethal or non lethal force (guns). This can occur when the intruder has unlawfully entered or is attempting to enter. The intruder must be using force (Rape, Robbery). The person is not required to retreat. These two states are considered to have strong Castle Doctrine Laws. An example of a state with a soft castle doctrine law is the state of New York. In New York you cannot use deadly force if you know you can retreat from the situation and can only used deadly force if you did not start the
This paper will discuss the stand your ground laws and also the castle doctrine. These laws play a big role in today’s society and also, at times create a blurry line in terms of self defense. This can be seen in the case of Trayvon martin and George Zimmerman. This was when an unarmed black teen by the name of Trayvon Martin, was shot and killed by George Zimmerman, the unofficial neighborhood watch man. Zimmerman stated that the death occurred due to self defense and that the case fell under the stand your ground law. The Jury’s verdict then acquitted Zimmerman of the charge of second degree murder. This high profile case caused much controversy and reawakened the question of what is self-defense and what is murder. Furthermore this paper will discuss whether or not these laws just and fair or are a license to kill.
What is the Castle doctrine and where it is applied:
The Castle Doctrine is a law that allows a person to attack an intruder, under certain circumstances inside their homes. The person is protected from the …show more content…
States can be considered to have strong or soft castle laws. For example, in the state of Florida the Castle Doctrine can apply to any dwelling. The dwelling being protected does not need to have a roof; it can be moving or immobile and can be as temporary as a tent. In addition, the state of Texas allows citizens to protect their homes, car, and place of business or employment by using lethal or non lethal force (guns). This can occur when the intruder has unlawfully entered or is attempting to enter. The intruder must be using force (Rape, Robbery). The person is not required to retreat. These two states are considered to have strong Castle Doctrine Laws. An example of a state with a soft castle doctrine law is the state of New York. In New York you cannot use deadly force if you know you can retreat from the situation and can only used deadly force if you did not start the