What is the Missouri Castle doctrine?
Castle doctrine is the legal theory that a person in his own home has the legal right to use deadly force against intruders, even if they are unarmed, without liability for their injuries.Not every state has a castle doctrine. Here is Missouri's.Castle doctrine
Is white castle only in ny?
White Castles are located in Illinois, New York, Indiana, Kentucky, Michigan, Minnesota, Missouri, New Jersey, Ohio, Tennessee, Wisconsin. There are over 420 White Castle outlets, all in the United States. Additional info: White Castle was founded in 1921 in Wichita, Kansas. There used to be White Castles located in Malaysia, Japan, Singapore, and Mexico but they are all closed down now.
Do you agree with the Castle Doctrine?
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that arose from English Common Law that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine. Castle Doctrines are legislated by state, and not all states in the US have a Castle Doctrine. The term "Make My Day Law" comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home. The law's nickname is a reference to the famous line uttered by Clint Eastwood's character Harry Callahan in the 1983 film Sudden Impact, "Go ahead, make my day." States that use the Castel Doctrine: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah West Virginia and Wyoming with Georgia and Indiana as well
I've heard so much about self defense and the castle doctrine. Could someone explain what they are and their legal consequences?
The following is a very general overview; the specifics of both self-defense and the "castle doctrine" vary greatly from state-to-state, so if you'd like to know how they apply where you live, further research is strongly recommended.Self-defense is usually an affirmative defense to a charge of assault, manslaughter, or murder. It can be asserted when one is reasonably in fear of imminent death or great bodily harm being inflicted to themselves or others around them, through an illegal action by another person. In short, if someone else is threatening you with a weapon, you have the legal right to fight back (sometimes you have a duty to attempt to retreat, sometimes you don't). If you injure or kill the other person while fighting back, the law will protect you from criminal liability.The "castle" doctrine is an extension of the general right of self-defense, and its name comes from the classic saying that "a man's home is his castle." In jurisdictions where the Castle Doctrine exists, anyone who is in your house without your permission or authorization is deemed by law to pose an imminent threat of death or great bodily harm to you or your family. As such, any action you take inside your home to fend off an intruder is automatically classified as "self-defense" - regardless of whether or not the intruder actually posed such a threat. Basically, if someone breaks into your house, you can shoot them and claim self-defense, regardless of whether they had a gun, threatened you, or even saw you.The variations in the law in these areas are generally small, but extremely important. In some states, you are required to attempt to retreat before you can assert your self-defense right; in others (such as FL) you are permitted to "stand your ground" and fight back immediately. In some states, the Castle Doctrine extends to your overall property, not just your home; in others it's limited to the four walls in which you and your family reside.
Do Indian laws have 'Castle Doctrine' which allow homeowners to defend himself in his home?
Yes we have laws for the same. In India, such provision of laws is called Trespass. Trespass is a physical interference by a person in a property belonging to another person. Trespass can be of both civil as well criminal nature. It is a civil wrong under the Law of Tort and of criminal offence under the Indian Penal Code (IPC).It could be a tort of trespass under the Law of Torts when there is a direct interference with the peaceful enjoyment of the land in the form of unlawful entry, unlawful placing of things or inducing dangerous things or animals into the land or it could be a criminal act provided under Section 441 of IPC which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there.’ Intention is an element as ‘mens rea’ is important for an act to be criminal. Punishment for the same is provided under Section 447, which includes imprisonment for up to 3 months; fine up to Rs. 500 or both.For further legal query you can reach out to Legalresolved which is an online platform where you can find solutions to your legal queries, contact lawyers for legal aid, and manage appointments with the best and topmost lawyers in your city or you can also contact us on 08929-902-903.
If castle doctrine applies to your house (and vehicles in some states) how would you apply this to your motorcycle being that both of your hands are tied up to some extent?
If your State has a “castle doctrine” it usually applies to your home and motor vehicle. A motorcycle is considered a motor vehicle. Aside from that, I’m not exactly sure what you’re asking. How does having your hands tied up mean anything? If you’re legally armed and somebody is trying to steal your motorcycle, you’d have the same rights to defend it as you would your house or car. If you’re not armed, you have the right to resist the theft with whatever level of force necessary to prevent the theft.
Does castle doctrine extend to a private yard?
States are all over the map on use of force.Some states, like that of the Dark & Fascist state of NJ, follow a policy of requiring retreat. This ill considered policy grants the criminal significant advantage, as the victim may not reply with force until cornered. It is darkly amusing that the NJ statute helpfully clarifies that the person is not required to retreat FROM the home. Mighty chum of them, don’t you think?“Castle Doctrine” states wrote their various laws specifically to clarify that proportional force (ie: force may be met with force, lethal force with lethal force) may be deployed against an aggressor that is trespassing into that person’s home.Outside the home, most jurisdictions have a different set of rules. Some require retreat, some don’t.“Stand your ground laws” again seek to clarify that the innocent individual need not yield a place outside the home that they lawfully occupy to an unlawful aggressor.It really is that simple, but for the simple minded press that seeks to sensationalize the matter with the usual “blood on the street!” mewling.