Protecting your home gets into legal gray area

[Common Sense Party]

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"It's really similar to the training we give police officers in a use-of-force situation," Gruber said. "You really can't paint a black or white picture as to how someone should respond."

A person has always had the right to self-defense in the face of imminent and inescapable danger. In 2008, Ohio law removed the duty to retreat from the victim when they are in their home or vehicle. This means the use of an appropriate amount of force, even deadly, rather than being forced to flee is perfectly legal.

The castle doctrine, passed in Ohio three years ago, perhaps most importantly shifts the burden of proof from the resident to the government in these cases.

"If it's on the street, (the shooter has) to prove that all the elements of self-defense are applicable," Licking County Prosecutor Ken Oswalt said. "In a home, the government would have the duty to prove it wasn't (self-defense)."

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Wouldn't any intruder in my home be a potential "inescapable danger"? If I find a bad guy in my kitchen, sure, I might be able to flee, but my wife, my son and my daughters would be left behind. If I flee, I'm exposing them to danger and harm. Ohio was right to remove the "duty to retreat."