Majority of the fifty states have one of two doctrines that articulate the use of physical force when it comes to self-defense and use of deadly force. The first being Castle Doctrine and the second being “stand your ground”. I will explain what these two ideas are and how they are viewed in the bill of some of the states that have adopted them and what are the differences in the two. Keywords: Castle Doctrine, Stand Your Ground, Deadly Force
Castle Doctrine and stand your ground doctrine refer to the right to defend one’s self under the gun laws of the individual states. Both doctrine have very common ideas but they are different very important ways. What is “castle doctrine” and “stand your ground state”; how do they pertain to the use of deadly force? This paper will explain what “castle doctrine” and “stand your ground doctrine” means and explain the differences in these two highly contested doctrine. Castle doctrine and “stand your ground state” are very similar. So similar to the point that “stand your ground” is just a more liberal form of castle doctrine. Under these laws it allows the individual to use deadly force. The definition of deadly force is “that force which a reasonable person would consider likely to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed. (Cornell University, 2013) This is open to interpretation since no two people are capable of doing all the same things. One may see a situation as something they may be able to handle where as someone of more physical capabilities can handle it. Under these two doctrines deadly force used in self-defense is considered “justifiable homicide” instead of criminal homicide. Under both castle doctrine and “stand your ground” there are still strict circumstances that have to be meet. A person has to have a reasonable belief of a threat to one’s self or another and a...
Bibliography: Topic: Difference in Gun Laws
Connecticut General Assembly (2013) Sec. 53a-19. Use of physical force in defense of person. Retrieved from http://www.cga.ct.gov/current/pub/chap_951.htm#sec_53a-19
Cornell University Law School (2013) Use of deadly force Retrieved fromhttp://www.law.cornell.edu/cfr/text/10/1047.7
District Court of Appeal of the State of Florida (2011) John Thomas Dorsey v. State of Florida.
Retrieved from http://www.4dca.org/opinions/Oct%202011/10-19-11/4D09-1940.op.pdf
Florida Legislature (2013) The 2013 Florida Statutes. Retrieved from http://www.leg.state.fl.us/statutes/index.cfm
Purves, B (2013). Castle Doctrine from State to State. Retrieved from ource.southuniversity.edu/castle-doctrine-from-state-to-state-46514.aspx
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