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TheCastle Law is one of the most interesting Self-Defense laws that exists in the United Statesbut is largely derived from the English Common Law. The original Book 4,Chapter 16 of William Blackstone's Commentaries on the Laws of England statesthat a man has the right to protect his house (also called his castle) andthere is no possible way to lawfully enter the house, except for cases when itis needed for Public Safety (for example during a lawsuit). Americas CastleDoctrine version labeled as Law or a Defense of Habitation Law, goes a bitfurther, it designates one's place of residence (or, in some states, any placelegally occupied, such as one's car or place of work) as a place in which oneenjoys protection from illegal trespassing and violent attack and guaranteesthe right of the owner to use deadly force to protect his castle. The wholecontroversy here revolves around the fact that homicide is justified under theCastle Doctrine. As for the Canadian Criminal Code the laws on defense ofproperty state that not more that necessary force can be used to protect theproperty, but no specific limits are specified. The Castle Law and the CanadianCriminal Code also give the same legal rights to any other innocent personlegally inside the house during the incident. Not all the states support theCastle Doctrine. Alabama, Alaska,Arizona, Florida,Georgia, Indiana,Kansas, Kentucky,Louisiana, Michigan,Mississippi, Missouri,North Dakota, Ohio,Oklahoma, South Carolina,South Dakota, Tennessee,Texas and West Virginiahave the Castle Doctrine, other states Montana,New Hampshire, Pennsylvania,Washington, and Wyoming have their own versions of PropertyDefense laws.Invarious states the law has different limitations for instances in which theCastle Doctrine can be used, and what degree of retreat or non-deadlyresistance (if any) is required before the usage of deadly force. At first theoccupants of the house must be in the house legally. If the occupants of thehouse are fugitives or are using the Doctrine to assist fugitives their actionsare not justified by the doctrine. Generally the doctrine can be used against aperson who is trying (or tried) to unlawfully and/or forcibly enter the Castle(home, business or car). Police officers can enter the house only after a validwarrant was presented to the owner, in other cases it is illegal. That’s why inmost of the movies, when a policemen in the U.S is entering the house for someunlawful investigation he can be shot on sight. The occupants of the house mustalso reasonably believe that the intruder intends to inflict serious bodilyharm or death or intends to commit some other felony, such as arson orburglary. Also if the intrusion was provoked by the occupants of the house, thefollowing use of any force may not be justifiable. The Castle Doctrine itselfis a very interesting law mechanism that is definitely one of the cornerstonesof the citizens rights in the United States, still this stone is very often usednot in the way it was supposed to and even during the last years it triggeredfew controversial lawsuits.For more information regarding Immigration Lawyers, KingstonLawyers, ResidencyLawyers and Find a Lawyer pleasevisit: www.lawyerahead.ca

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