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View Diary: Home Defense Without a Gun, helping those scared their castle may be breached. (124 comments)

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  •  Well, I do believe in the "Castle Doctrine" (8+ / 0-)

    That is, the real Castle Doctrine, not what the NRA has perverted it to mean.  

    In English Common Law, the Castle Doctrine was quite simply stating that a person's home, no matter how crappy it is, is their home and the Bailiff must have a warrant to enter it and search it just as he would for the Lord's Castle.  It stemmed from a case where a Bailiff entered a shanty without a warrant, and used the defense that a shanty is not really a "home."  The "Castle Doctrine" clarified that it is a home, and it is due the very same protections that the grandest home in all the County is afforded.  It says nothing about killing people.  Even under common law, while a person had the right to murder in self-defense, they still had the duty to ensure that no other option was available.  Thus, the "duty to retreat."  

    How the NRA bastardized the Castle Doctrine into "I can shoot anyone that comes in my house" I have no idea.  Your guess is as good as mine.  

     

    •  I should have mentioned "Connecticut v. Mooney" (7+ / 0-)

      ...oft cited case law that embodies "Castle Doctrine."  Mooney was living in a cardboard box.  Some police searched the cardboard box home (even though the 'entrance" was closed) and searched a duffel bag found within.  They found some contraband in there, arrested Mooney and he was convicted.  

      The Connecticut Supreme court overturned the conviction based on the Castle Doctrine.  Even though it was just a cardboard box, it was Mooney's home, and as such, the cops needed a warrant to search it, just like they would have needed one to search one of the multi-million dollar homes (today's castles) in New Canaan.

      Nowhere does the original "Castle Doctrine" imply you can shoot anyone in your house without any duty to retreat.        

    •  In traditional common law ... (2+ / 0-)
      Recommended by:
      PavePusher, ER Doc

      the unalienable right of self-defense within the home from criminal offenses or unlawful aggression served as sufficient grounds for use of lethal force as a matter of natural law.

      There was no duty to retreat in such cases, which Blackstone addresses in his Commentaries, circa 1760.

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