Thursday, May 27, 2010

PA Considers Rejecting Castle Doctrine, Adopting "Stand Your Ground"

The PA House Judiciary Committee is debating whether to replace the "Castle Doctrine" with a "Stand Your Ground" law.  In essence, the Castle Doctrine allows a homeowner to defend the home (and its "curtilage") with deadly force if the homeowner is attacked there.  By contrast, Stand Your Ground laws, which have been passed in 18 states, allow homeowners to use firearms against intruders whether the intruder directly threatens the homeowner or not.  In addition, Stand Your Ground laws eliminate the duty to retreat if possible when attacked in a public place.  PennLive has the story.  When the Stand Your Ground laws first began to circulate five years ago, Tony Sebok (Cardozo) wrote a column discussing the differences between them and the Castle Doctrine.  His Findlaw's Writ column is here.

--CJR

http://lawprofessors.typepad.com/tortsprof/2010/05/pa-considers-rejecting-castle-doctrine-adopting-stand-your-ground.html

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Comments

GOOD ABOUT TIME LAW ABIDING PEOLE CAN USE A WEAPON TO PROTECT THERE SELFS.

Posted by: leonard dean | Jul 14, 2010 7:22:26 PM

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