CASTLE DOCTRINE

RON MARCH....CASTLE DOCTRINE AND STAND YOUR GROUND LAW

The Castle Doctrine and “stand-your-ground” laws are affirmative defenses for individuals charged with criminal homicide. The Castle Doctrine is a common law doctrine stating that an individual has no duty to retreat when in his or her home, or “castle,” and may use reasonable force, including deadly force, to defend his or her property, person, or another. Outside of the “castle,” however, an individual has a duty to retreat, if able to do so, before using reasonable force. Stand-your-ground laws, by comparison, remove the common law requirement to retreat outside of one's “castle,” allowing an individual to use force in self-defense when there is reasonable belief of a threat. Deadly force is reasonable under stand-your-ground laws in certain circumstances, such as imminent great bodily harm or death.