Castle Doctrine or Stand Your Ground?
In the aftermath of the George Zimmerman trial in Sanford, Florida, much has been said about "Stand your Ground" laws. And how does it differ from the "Castle Doctrine".
A little history, 46 states have "self defense" laws that give limited rights to individuals to protect themselves against bodily harm up to and including the use of lethal force. Some of these laws are truly "Stand your Ground" laws similar to that in force in Florida today. Others take a more limited "Castle Doctrine" approach. What's the difference?
"Castle Doctrine is a common law doctrine stating that an individual has no duty to retreat when in his or her home, or "castle", and may use reasonable force, including deadly force, to defend his or her property, person, or another. Outside of the "castle", however, an individual has a duty to retreat, if able to do so, before using reasonable force. For example, if a homeowner is awakened by an intruder breaking in through the front door, the homeowner is not required to try to escape, but can use force, up to and including deadly force to repel the intruder, if a reasonable person would conclude that the intruder meant to inflict great bodily harm or death to the homeowner. Some states restrict the "castle" to the individual's home. Other states have extended the "castle" to include your place of work, and your vehicle (even if you don't own it). If an individual was attacked in some other location, say a parking lot, the individual would be required to attempt to escape (retreat) before using deadly force.
"Stand your Ground" laws remove the common law requirement to retreat outside of one's "castle". If the individual has a legal right to be at that location, and is not engaged in an unlawful activity, then the individual has no duty to retreat in order to defend himself or herself.
Florida was the first state to enact a SYG law in 2005 and many states followed suit with SYG laws or CD laws.
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