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Reply #18: There are two forms of it. [View All]

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AtheistCrusader Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-10-09 01:06 AM
Response to Reply #15
18. There are two forms of it.
There is a positive statement of 'Castle Doctrine' that actively protects defensive gun use in certain circumstances, and there is a softer form of it, where the state has no 'duty to retreat' law. Some American states do, some do not.

In the states with no 'duty to retreat' and no 'castle doctrine', the burden of proof is still generally on the DA to establish that the person who fired in self defense feared for their life. (and then there's the compounding of whether or not the state has a 'justifiable homicide' or 'excusable homicide' statute (washington state has both)

So, anyway, hurf blurf aside, some states have effectively had 'castle doctrine' like law and legal precedent, long before the actual so-named laws started cropping up.
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