Southern Maine Criminal Lawyer BlogWhat Is the Castle Doctrine?
The castle doctrine is a legal principle that allows homeowners to use reasonable force – including deadly force in certain circumstances – to defend against intruders in their home without a duty to retreat. Rooted in the English common law idea that “a man’s home is his castle,” this doctrine recognizes that people have a fundamental right to feel safe where they live and sleep.
The castle doctrine is straightforward in concept. It is the legal recognition that you may protect yourself and your family inside your own dwelling using force proportional to the threat you face. Over time, legislatures across the United States have codified this principle into modern statutes. Each state has its own rules about when and how much force is permitted.
In yesterday’s paper there was an article about a shooting in Mt. Rainier National Park. There was a tragedy in the park. A young man, believed to be Benjamin Colton Barnes, had severe mental problems – possibly PTSD from service in Iraq. He shot several people near Seattle on New year’s Eve. He may also have been involved in another shooting incident that night. On New Year’s Day Barnes he fled to Mt. Rainier National Park.