Friday TOON Roundup 1-Stand Your Ground

[krispos42]

39. Oh, sure, my economic argument is nonsense

Why, because I can use the public defender? That's like saying everybody has health care because they can go to the emergency room.

However, I've been doing a little research (literally, a little, I'm popping in and out right now) and I think that what we're really trying to discuss is not "Castle Doctrine" in that you're required to retreat in your home.

I think I was mis-using the term, and I apologize for that. "Castle Doctine" specifically also seems to prevent the families of the dead intruder from suing you in civil court.

According to Wikipedia, 44 states do not have a duty-to-retreat in your home. They either have SYG, which is everyplace, or Castle Doctrine, which applies in your home. Six states and DC don't specifically say.

The issue that I'm referring to more specifically, and I admit that I don't know if it considered part of the Castle Doctrine, is the section of the law that states you can't be prosecuted if a certain set of conditions apply.

iverglas discussed this back in 2006 when the law first passed but I forget the term. Presumption? Something like that.

But if certain conditions are met during an in=home self-defense homicide, then the presumption is automatic that it was justified self-defense and the government prosecutor cannot file criminal charges against you.

There is something similar in some states for stand-your-ground as well.


My concern is that the prosecution can choose to file murder charges against you and force you to appear in a public trial to defend yourself, even if it is an pretty open-and-shut case of self-defense against an aggressive attacker in your own home.