CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Wednesday, May 7, 2014

"A Boy Shot, and Regret on Montana ‘Castle’ Law"

From The New York Times:

Nearly every state has a law on the books giving residents the legal right to defend their homes, but Montana is among several that have gone further. With backing from the National Rifle Association and the support of the state’s Democratic governor, Montana passed a stronger law in 2009 that placed the burden on prosecutors to rebut claims of self-defense.

Under the old laws, residents were justified in using force only if an assailant tried to enter their home in a “violent, riotous or tumultuous manner.” The new law eliminates that language and makes it clear that residents can use force if they reasonably believe it is necessary to prevent an assault on themselves or someone else in the home.

http://lawprofessors.typepad.com/crimprof_blog/2014/05/a-boy-shot-and-regret-on-montana-castle-law.html

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