At least ten of these states contain language that says one can «assert one`s point of view». (Alabama, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania and South Carolina.) States that have passed stand-your-ground laws include: The castle doctrine (also known as the castle law or Make My Day law) gives citizens in their homes – and in some states – cars or workplaces the right to protect themselves, others and their property by force – in some cases, even deadly violence. In addition, some states (including Arizona, Arkansas, California, Florida, Kansas, Kentucky, Louisiana, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Wisconsin, and Wyoming) replaced the common law standard for «reasonable persons,» which placed the onus on the defendant to prove that his or her defences were appropriate with a «presumption of reasonableness.» a «presumption of fear». «, which shifts the burden of proof to the prosecutor to prove a negative. Not all states give citizens as much leeway to protect their personal property. States like California allow citizens to protect their homes with lethal force if they feel they or someone else is in physical danger, but that doesn`t extend to theft, and it only protects residents in their homes and not in cars or at work. In the home, the owner is protected by an additional legal provision that clarifies that force used against an intruder is not considered appropriate if it is «grossly disproportionate» (as opposed to mere «disproportionate» force, which may still be appropriate). There are twelve retirement obligations, most of which are in the northeastern United States. These twelve states include: Maine, Maryland, New York, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Wisconsin, Minnesota, Nebraska, and Hawaii. Like other self-defense laws, their application varies from state to state, with different wording in the legislature creating different parameters for the state`s duty to withdraw. The state of Florida has such a strong castle doctrine that the dwelling to be protected does not need to have a roof; can be mobile or immobile; and can be as temporary as a tent. In Florida, a task force founded by former Democratic Senator Chris Smith of Fort Lauderdale found the law «confusing.» [26] Among those discussing the issues with the group was Buddy Jacobs, a lawyer representing the Florida Prosecuting Attorneys Association.

Jacobs recommended repealing the law, saying changing the law would not solve his problems. In a July 16, 2013 speech after the jury`s verdict, in which George Zimmerman was acquitted of the charge stemming from Trayvon Martin`s death, Attorney General Eric Holder criticized stand-your-ground laws as a «senseless extension of the concept of self-defense and sowing dangerous conflicts in our neighborhoods.» [27] Other states with little or no law or jurisdiction over the castle that give citizens the right to protect their homes by force include: Idaho, Pennsylvania, South Dakota, Iowa, New Hampshire, New Mexico, Virginia, Vermont, and Washington, D.C. «Stand-your-ground» laws are often referred to as «shoot-first» laws by opposition groups, including the Brady campaign to prevent gun violence. [21] In Florida, allegations of self-defense tripled in the years following enactment. [21] [22] Opponents argue that the Florida law potentially makes it more difficult to prosecute those who commit a crime and claim to defend themselves. Prior to the passage of the law, Miami Police Chief John F. [omitted (3)] Under the provisions of the Criminal Law (Defense and Housing) Act of 2011, landlords or residents have the right to defend themselves by force to the point of lethal force. Anyone who uses violence against an intruder is not guilty of any crime if they honestly believe they were there to commit a criminal act and a threat to life. However, there is another provision that requires that the response to the intruder be such that another reasonable person would likely use it in the same circumstances. [68] This provision serves to protect against the grossly disproportionate use of force, while allowing a person to use force in almost any circumstance. Known as the «Castle Doctrine,» a castle that refers to a person`s estate, which often includes a house, office, or car, these laws are similar to the «Stand Your Ground» guidelines, but are limited to a person`s property.

The case of Trayvon Martin, for example, was not a «castle doctrine» because it took place outside George Zimmerman`s estate. The «castle doctrine» forces the belief that a person has the right to be safe in his home or place of business and does not have to withdraw from his estate to be safe. This law essentially means that homeowners who use lethal force in their homes, workplaces, or cars may be able to invoke self-defense in «castle doctrine» states when facing serious bodily injury or death. While most states have some form of «castle doctrine,» these laws differ from state to state. The self-defense laws of at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin) grant civil immunity to self-defense in certain circumstances. In the 1980s, a handful of state laws (dubbed «Make my Day» laws) dealt with immunity from prosecution when using lethal force against another person who illegally and forcibly invades a person`s home. In 2005, Florida passed a Castle Doctrine Act that expanded that premise to include «Stand Your Ground» language regarding self-defense and the duty to retire. Florida law states: «A person who does not engage in any illegal activity and who is attacked in any other place where he has the right to be has no duty to retreat and has the right to assert himself and to counter violence with violence, including lethal force, if it reasonably considers it necessary. to prevent death or serious bodily harm to oneself or others, or to prevent the commission of a violent crime. A 2012 study examined whether a major shooting at Stand Your Ground, Joe Horn in 2007, which drew public attention to Texas` Stand-Your-Ground Act, influenced crime. The study found that after the shooting, burglaries in Houston, but not Dallas, dropped significantly over a 20-month period.

[48] A 2015 study found that the introduction of Oklahoma`s stand-your-ground law was associated with a decrease in residential burglaries, but also that the law «had the unintended consequence of increasing the number of non-residential burglaries.» [49] A castle doctrine is a law of self-defence that states that a person`s home (sometimes a workplace or vehicle) is a place that, in certain circumstances, grants protection and immunity from prosecution to defend against an intruder by force or lethal force. There is no obligation to withdraw from the situation in one`s home (or workplace or vehicle) prior to the use of force, but there may be an obligation to withdraw to a public place. Note: Some states have adopted stand-you-ground doctrines through judicial interpretation of their self-defense laws, but they are not included in this list. It is important to understand that even states that abide by your basic laws still have certain limits when it comes to the use of force in self-defense. For example, they may require that the perceived threat of harm be objectively reasonable and that the force used be proportionate to the threat. Stand-your-ground laws may also require that the person using self-defence be lawfully in the place (e.g., no trespassing) and not be the original aggressor in the altercation.