Castle Doctrine

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Thread: Castle Doctrine

  1. #1
    Distinguished Member Array kapnketel's Avatar
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    Castle Doctrine

    Interesting article about how prosecutors in Ohio want to eliminate the Castle Doctrine because defense attorneys are using it as a defense in murder cases.

    http://content.usatoday.net/dist/cus...35046089.story

    Here is the best line of the article: "John Murphy, executive director of the Ohio Prosecuting Attorneys Association, said traditional homeowners don't need the castle doctrine because they wouldn't be charged for defending themselves in the first place."

    Yep, never has happened...
    I'd rather be lucky than good any day

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    They should change the law to say it doesn't apply to those engaging in illegal activities (i.e. possessing or selling drugs) in those places they occupy.

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    Most SD laws don't apply when used in connection with a crime, it shouldn't be an issue. As our justice system is set up, in theory, to allow the guilty to go free in lieu of convicting the innocent (if you want to believe that), to remove the castle doctrine would only increase the charges against the innocents who used SD measures judiciously.

    SD and Castle Doctrine iapplication is based on facts and evidence of any incident investigation, not the sayso of those involved.
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    VIP Member Array Hiram25's Avatar
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    There is a very good reason why the Castle Doctrine laws were passed in the first place. Those reasons are still with us.
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    E. A person is presumed to have held a reasonable fear of imminent peril
    of death or great bodily harm to himself or herself or another when
    using defensive force that is intended or likely to cause death or great
    bodily harm to another if:
    1. The person against whom the defensive force was used was in
    the process of unlawfully and forcefully entering, or had
    unlawfully and forcibly entered, a dwelling, residence, or
    occupied vehicle, or if that person had removed or was
    attempting to remove another against the will of that person
    from the dwelling, residence, or occupied vehicle; and
    2. The person who uses defensive force knew or had reason to
    believe that an unlawful and forcible entry or unlawful and
    forcible act was occurring or had occurred.
    F. The presumption set forth in subsection B of this section does not apply
    if:
    1. The person against whom the defensive force is used has the
    right to be in or is a lawful resident of the dwelling, residence,
    or vehicle, such as an owner, lessee, or titleholder, and there is
    not a protective order from domestic violence in effect or a
    written pretrial supervision order of no contact against that
    person;
    2. The person or persons sought to be removed are children or
    grandchildren, or are otherwise in the lawful custody or underthe lawful guardianship of, the person against whom the
    defensive force is used; or
    3. The person who uses defensive force is engaged in an
    unlawful activity or is using the dwelling, residence, or
    occupied vehicle to further an unlawful activity.
    Apparently in Oklahoma if you're using your dwelling/vehicle to engage in unlawful activity, you're hosed.
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    Quote Originally Posted by Hiram25 View Post
    There is a very good reason why the Castle Doctrine laws were passed in the first place. Those reasons are still with us.
    Including having a suit being brought against you by the dirtbag or his family because you were forced to defend yourself and family.
    Our FL Castle Doctrine prevents this.
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