Talk:Castle doctrine

message: (Third paragraph) "With justifiable homicide in self-defense, one generally must objectively prove to a trier of fact, against all reasonable doubt, the intent in the intruder's mind to commit violence or a felony." 
The burden of proof in American self-defense criminal cases is always on the state.  It must disprove one of the applicable elements of self-defense in order to convict (imminence, proportionality, innocence, avoidance, reasonableness).
Castle doctrine merely removes one of those five elements from consideration (avoidance).  — Preceding unsigned comment added by Sentiler (talk • contribs) 01:40, 9 April 2023 (UTC)
thread_title:  This statement is factually untrue 

message: I was looking at this page for info on which states fell under which forms of castle doctrine and after reading the linked Senate Bill 145 for West Virginia it looks like it should be under Stand-your-ground than in Castle Law. It was updated to clarify that a person may use deadly force if needed even if the person is not at home. 
This is from the linked reference http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/SB145%20SUB1.htm :
"A BILL to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable and proportionate force may be used to protect one's self or another from an intruder or attacker while lawfully in one's residence or that of another; codifying the common law doctrine that a lawful occupant within a home or residence has no duty to retreat from an intruder or attacker; clarifying that the use of reasonable and proportionate force, including deadly force, may be used against an intruder or attacker by one not engaged in unlawful activity in any place other than a home or residence where the person reasonably believes the intruder or attacker intends to kill or inflict serious bodily harm; establishing that use of reasonable and proportionate force to defend oneself is a full and complete defense civilly to an action brought by an intruder or attacker based upon the use of such force; and exceptions."
Since this state is currently included under "States with a Castle Law: No duty to retreat if in the home." It should probably be moved to "States with a Stand-your-ground Law: No duty to retreat, regardless of where attack takes place."  — Preceding unsigned comment added by 66.150.218.29 (talk) 02:42, 4 December 2012 (UTC)
thread_title:  West Virginia is technically a state with a Stand-your-ground Law. 

message: I went through this article and cleaned up the list of states that had a Stand Your Ground Law, Castle Doctrine, etc. and ALL of my edits were removed. Why on earth was this done? All of them were linked to the actual statutes. They added value. They vastly improved the quality of the page. Please explain to me what is going on here?  — Preceding unsigned comment added by 192.138.62.36 (talk) 14:46, 11 March 2013 (UTC)
replies: text: A bot automatically reverted your changes, as someone adding a lot of links is often a sign of spamming or vandalism. I restored your changes. Gaijin42 (talk) 15:31, 11 March 2013 (UTC)
thread_title:  Someone deleted my clean up. 

message: As one case in point that some castle laws cover porches, here is the Wisconsin law
895.62 : 
* (2)Except as provided in sub. (4), an actor is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if the actor reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and either of the following applies:
** (b) The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.
* 1 (b) (b) "Dwelling" has the meaning given in s. 895.07 (1) (h).
** (h) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
Gaijin42 (talk) 14:53, 18 October 2013 (UTC)
replies: text: Good to know. I was just editing for readability, I didn't actually check the accuracy. Thanks. --Fritzophrenic (talk) 19:23, 18 October 2013 (UTC)
thread_title:  castle law porch change 

message: I was accessing this page on an iPad, and the table in state-by-state positions causes the page to stretch really badly. Is there a way to solve this? RETheUgly (talk) 13:55, 8 May 2014 (UTC)
thread_title:  Table issues 

message: I added washington, but I don't have a solid reference for it.  Here are a few mentions:
* http://armsandthelaw.com/archives/2006/06/self_defender_w_1.php (in the comments)
* http://publicrights.org/Articles/CastleDocRealities.html
I don't put them in the article as they're nowhere near authoratative.
There is also a 2012 article that cites State v. Reynaldo Redmond. I'll let someone with legal training take a closer look.
* http://theolympiareport.com/washington-one-of-31-states-with-stand-your-ground-law/  — Preceding unsigned comment added by 174.61.244.74 (talk) 17:25, 10 October 2014 (UTC)
thread_title:  Washington State 

message: Although in Ohio, you can shoot and kill (just aim right, don't wound, don't shoot more than once) any invader as long as he/she had one foot inside your house, you can still be jailed for discharging a firearm inside the city limits in Warren, Ohio.  I looked for the law related to this but couldn't find the Ohio revised code relating to it but was told this by a police officer as a warning "when you shoot, kill the person, we don't want un-necessary paperwork but be warned, you'll still go to jail for discharging your firearm inside city limits"71.72.17.111 (talk) 21:17, 11 March 2015 (UTC)
thread_title:  Loopholes not filled in 

message: https://www.nraila.org/articles/20150428/arkansas-legislature-adjourns-sine-die-multiple-progun-measures-pass-in-successful-year
With HB 1240 signed, doesn't that make AR a Stand Your Ground state? 65.35.194.182 (talk) 13:39, 9 May 2015 (UTC)
replies: text: Here is the text of the new law: http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act1073.pdf
65.35.194.182 (talk) 13:43, 9 May 2015 (UTC)
thread_title:  Arkansas Stand Your Ground 

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thread_title:  External links modified 

message: Noticed that Kansas is missing from the list of States with Castle Doctrine Laws.
Kansas has no duty to retreat when in one's home or domicile, and civil immunity laws. http://www.kslegislature.org/bills/2010/381.pdf
2607:FB90:1742:6921:1640:DD3B:2700:CCE1 (talk) 23:11, 5 March 2016 (UTC)
thread_title:  Castle Doctrine Laws by State, table 3.1 omissions 

message: We oughta merge this to Gun laws in the United States by state, and the attached articles. It's too much for this article, and it's almost entirely quotes from primary sourced laws. Felsic2 (talk) 22:43, 13 March 2016 (UTC)
replies: text: Do we need to quote statutes? Can we summarize the material more briefly, perhaps using secondary sources? Felsic2 (talk) 15:13, 15 March 2016 (UTC)
thread_title:  Huge table of state laws 

message: * "...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."
This cannot be right (if you're referring to the United States) -- the objective of the Defense is to raise reasonable doubts, never to prove anything beyond a reasonable doubt.  — Preceding unsigned comment added by 67.6.149.106 (talk) 01:08, 14 March 2016 (UTC)
thread_title:  The recent massive editing to this page has left it... 

message: In German: In Deutschland heißt das "Das Recht braucht dem Unrecht nicht zu weichen" und entspricht dem Castle-Law. Auch Sachgüter sind notwehrfähig, wie man es im StGB §§ 32 - 35 nachlesen kann. --81.171.58.80 (talk) 22:03, 3 April 2016 (UTC)
thread_title:  Germany 

message: The two principles are not the same. While both attempt to define where and when someone may use deadly force in self-defense, they are two separate principles. Most US states cover them in distinct statutes.
The inclusion of the Stand your Ground map is therefore misleading, and conflates the two.
There is a separate page for "Stand your Ground".
I suggest a map that shows  just Castle Doctrine is better suited.
As it stands now this article has a map showing an overview of a different legal principle than the subject of this wiki.  
[edited for spelling] — Preceding unsigned comment added by 74.215.106.60 (talk) 15:04, 1 April 2017 (UTC)
thread_title:  Castle Doctrine vs Stand your Ground 

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thread_title:  External links modified 

message: What is the difference between "Stand-your-ground law" and "Stand-your-ground in practice" on the map? Tovarischivanov (talk) 19:26, 2 August 2017 (UTC)
replies: text: It's explained within the stand-your-ground law article. Basically, it is states that do not have a stand-your-ground law, but they effectively follow such practice as a result of case law/precedent, jury instructions, etc.Terrorist96 (talk) 20:37, 2 August 2017 (UTC)
thread_title:  Explanation needed

message: It appears that Kansas is missing from the list of states. Im not sure if any other states are missing. Could someone with knowledge on the matter fix this? 24.124.5.101 (talk) 23:47, 11 December 2017 (UTC)
thread_title:  Kansas 

message: So I currently am a home owner and I've come across some things that I generally looked into but I have a question what if you say an intruder breaks in and you shoot a gun but miss and it's not a warning shot but a miss fire i feel that that could def be used as an argument for people who don't want to kill people jsss 😳 74.137.234.157 (talk) 06:07, 31 March 2022 (UTC)
thread_title:  Breaking and entering 

message: Under "State-by-state positions in the United States", Wyoming is listed and the "Law" cell is filled with this link. This seems wrong for two reasons:
1) It's linked to a news website and not an actual repository of laws like the rest of them; and,
2) The website is paywalled, so anyone who actually follows the link is unable to verify information.
There is also no synopsis in the "Notes" cell for Wyoming.
Seems shoddy. Not sure who made this edit but it feels either incomplete, lazy, or both.  — Preceding unsigned comment added by 24.233.167.201 (talk) 16:56, 7 July 2022 (UTC)
thread_title:  Wyoming's reference?