eds
10-02-2007, 01:11 PM
Right now in Connecticut we have a very weak Castle Doctrine law. In at least 15 states and perhaps more, a full and complete Castle Doctrine law exists to protect victims from their assailants.
Current CT law states that a person may use physical force to protect himself or a third person, his home or office, or his property (CGS § 53a-23). We need to add more to our law to make our law a full and complete Castle Doctrine law.
We need to add things like:
1. Protection from civil and criminal liability when legally using force.
2. Expand the places in which self-defense can legally be used without retreating to include any place where the victim is a guest, the victims workplace even if the victim is not the owner, and any place where victim has a legal right to be.
Presumption of imminent life threatening danger in CT is a subjective call by a jury. There is nothing in the law that states what this is. We need to spell it out in the law that there is a presumption of a reasonable fear of death or serious injury if an assailant was illegally and forcefully entering a dwelling or occupied vehicle, was in the process of doing so, or removed or was attempting to remove a person against his will. And to include that this act be done upon a victim at any place where that victim may currently and legally be.
Right now in CT if you are out in public, perhaps at a restaurant, you have a duty to retreat from an assailant if attacked and only when you have no way out, are you then allowed to use deadly force against an assailant. You should have been able to stand your ground no matter what if our current law were a full and complete Castle Doctrine law. Today if you choose to defend yourself, your fate as a victim, will be left to a subjective jury. And your assailant can sue you for damages. With the Castle Doctrine this will be avoided and victims will be protected. The subjectiveness of the argument will be removed. It will be black and white.
Write to your state legislature to encourage them to get tough on crime by allowing people to stand their ground and defend themselves against an assailant with deadly force without fear of consequences and without the requirement of retreat.
Current CT law states that a person may use physical force to protect himself or a third person, his home or office, or his property (CGS § 53a-23). We need to add more to our law to make our law a full and complete Castle Doctrine law.
We need to add things like:
1. Protection from civil and criminal liability when legally using force.
2. Expand the places in which self-defense can legally be used without retreating to include any place where the victim is a guest, the victims workplace even if the victim is not the owner, and any place where victim has a legal right to be.
Presumption of imminent life threatening danger in CT is a subjective call by a jury. There is nothing in the law that states what this is. We need to spell it out in the law that there is a presumption of a reasonable fear of death or serious injury if an assailant was illegally and forcefully entering a dwelling or occupied vehicle, was in the process of doing so, or removed or was attempting to remove a person against his will. And to include that this act be done upon a victim at any place where that victim may currently and legally be.
Right now in CT if you are out in public, perhaps at a restaurant, you have a duty to retreat from an assailant if attacked and only when you have no way out, are you then allowed to use deadly force against an assailant. You should have been able to stand your ground no matter what if our current law were a full and complete Castle Doctrine law. Today if you choose to defend yourself, your fate as a victim, will be left to a subjective jury. And your assailant can sue you for damages. With the Castle Doctrine this will be avoided and victims will be protected. The subjectiveness of the argument will be removed. It will be black and white.
Write to your state legislature to encourage them to get tough on crime by allowing people to stand their ground and defend themselves against an assailant with deadly force without fear of consequences and without the requirement of retreat.