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- Castle_doctrine abstract "A castle doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode (or, in some states, any legally-occupied place [e.g., a vehicle or workplace]) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend themselves against an intruder, free from legal responsibility/prosecution for the consequences of the force used. Typically deadly force is considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another". The doctrine is not a defined law that can be invoked, but a set of principles which is incorporated in some form in the law of many states.The legal concept of the inviolability of the home has been known in Western Civilization since the age of the Roman Republic. The term derives from the historic English common law dictum that "an Englishman's home is his castle". This concept was established as English law by 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628. The dictum was carried by colonists to the New World, who later removed "English" from the phrase, making it "a man's home is his castle", which thereby became simply the castle doctrine. The term has been used in England to imply a person's absolute right to exclude anyone from his home, although this has always had restrictions, and since the late twentieth century bailiffs have also had increasing powers of entry.Another term, the "Make My Day Law", arose in the USA at the time of the 1985 Colorado statute that shielded people from any criminal/civil suits for using force – including deadly force – against an invader of the home. The law's nickname is a reference to the line "Go ahead, make my day" uttered by actor Clint Eastwood's character "Dirty Harry" Callahan (in the 1983 police film Sudden Impact).Justifiable homicide inside one's home is distinct, as a matter of law, from castle doctrine's no duty to retreat therefrom. Because the mere occurrence of trespassing—and occasionally a subjective requirement of fear—is sufficient to invoke the castle doctrine, the burden of proof of fact is much less challenging than that of justifying a homicide. With a mere justifiable homicide law, one generally must objectively prove to a trier of fact, beyond all reasonable doubt, the intent in the intruder's mind to commit violence or a felony. It would be a misconception of law to infer that because a state has a justifiable homicide provision pertaining to one's domicile, it has a castle doctrine, exonerating any duty whatsoever to retreat therefrom.The use of this legal principle in the USA has been a matter of international controversy in relation to a number of cases, including the deaths of the Japanese exchange student Yoshihiro Hattori and the Scottish businessman Andrew de Vries.".
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- Castle_doctrine hasPhotoCollection Castle_doctrine.
- Castle_doctrine sign William_Blackstone.
- Castle_doctrine source Commentaries_on_the_Laws_of_England.
- Castle_doctrine text "And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle, and will never suffer it to be violated with immunity: agreeing herein with the sentiments of ancient Rome, as expressed in the works of Tully; quid enim sanctius, quid omni religione munitius, quam domus uniusquisque civium? For this reason no doors can in general be broken open to execute any civil process; though, in criminal causes, the public safety supersedes the private. Hence also in part arises the animadversion of the law upon eaves-droppers, nuisancers, and incendiaries: and to this principle it must be assigned, that a man may assemble people together lawfully without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case.".
- Castle_doctrine subject Category:Criminal_defenses.
- Castle_doctrine subject Category:Homicide.
- Castle_doctrine subject Category:Legal_doctrines_and_principles.
- Castle_doctrine subject Category:Self-defense.
- Castle_doctrine subject Category:U.S._state_criminal_law.
- Castle_doctrine type Abstraction100002137.
- Castle_doctrine type Belief105941423.
- Castle_doctrine type Cognition100023271.
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- Castle_doctrine type Doctrine105943300.
- Castle_doctrine type LegalDoctrinesAndPrinciples.
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- Castle_doctrine comment "A castle doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode (or, in some states, any legally-occupied place [e.g., a vehicle or workplace]) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend themselves against an intruder, free from legal responsibility/prosecution for the consequences of the force used. ".
- Castle_doctrine label "Castle doctrine".
- Castle_doctrine label "Доктрина крепости".
- Castle_doctrine label "城の原則".
- Castle_doctrine sameAs 城の原則.
- Castle_doctrine sameAs 성의_원칙.
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- Castle_doctrine sameAs Q874618.
- Castle_doctrine sameAs Q874618.
- Castle_doctrine sameAs Castle_doctrine.
- Castle_doctrine wasDerivedFrom Castle_doctrine?oldid=606778980.
- Castle_doctrine isPrimaryTopicOf Castle_doctrine.