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How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Abuse

By Dustin Fennell

How can the Texas Castle Doctrine protect you when you defend your family against someone that presents a threat to you or your property? This is an issue that has been addressed in the current law. Laws like these have a long-standing history dating back to ancient belief in the right of one to protect their property and the lives of others. 31 states have an understanding of that history and have addressed modern day short-comings.

In other states the issue has been addressed with laws describing the defense of homes and property. One of the most interesting was the so-called “Make my day!” law in Colorado. It was taken from the statement made by ‘Dirty’ Harry Callahan in the Clint Eastwood movie, “Sudden Impact.”

A specific reference regarding similar sentiments can be found in the Torah and the Old Testament, “If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him. If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.” Exodus 22:2-3

This sentiment was clearly stated by Marcus Tullius Cicero, a Roman lawyer and philosopher, among other talents, who wrote his expression that nothing was more sacred then the strong defense of your home. The tradition was continued in the 1700′s with English Common Law. That led to the basis of many of the state laws addressing the issue in the United States.

Of course, you would not be surprised to find the NRA (National Rifle Association) strongly supports these laws. Other groups have voiced strong opposition since they believe the risk to innocents outweighs the rights to defense with deadly force. They believe laws requiring you to flee, or to have a ‘duty-to-retreat’ before ‘announcing’ force may be used against an intruder. The laws governing an announcement vary in each area.

All of the variables would be basically left up to law enforcement, district attorneys, and judges. It also could very well leave a home-owner open to civil lawsuits from the intruder or their survivors.

These are the issues that are addressed by the Texas law and included some other situations as well. Both houses of the Texas legislature overwhelmingly passed the bill and not only were homeowners protected from prosecutions. It also included the same protections for those in their cars and the work place. It eliminated any requirement for a person to retreat from a perceived threat before they could use deadly force.

The specific situations in which deadly force could be used were clearly defined. A building or vehicle would have to be occupied prior to any action being taken. It also prohibits any provocation leading to violence. The defender must not be involved in any criminal activity at the time. It also made it possible for law enforcement officials to take action against anyone they feel used deadly force in any illegal manner.

One very important element as to how can the Texas Castle Doctrine protect you when you defend your family goes beyond the right to protect that which you hold so dearly. It will also protect you from the possibility of being brought into court in a civil suit for damages if one is injured or killed if you were required to protect yourself with deadly force.

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Topics: Home and Family | Comments Off

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Article Citation
MLA Style Citation:
Fennell, Dustin "How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Abuse." How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Abuse. 22 Aug. 2010. uberarticles.com. 28 Feb 2015 <http://uberarticles.com/home-and-family/how-can-the-texas-castle-doctrine-protect-you-when-you-defend-your-family-from-real-abuse/>.

APA Style Citation:
Fennell, D (2010, August 22). How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Abuse. Retrieved February 28, 2015, from http://uberarticles.com/home-and-family/how-can-the-texas-castle-doctrine-protect-you-when-you-defend-your-family-from-real-abuse/

Chicago Style Citation:
Fennell, Dustin "How Can The Texas Castle Doctrine Protect You When You Defend Your Family From Real Abuse" uberarticles.com. http://uberarticles.com/home-and-family/how-can-the-texas-castle-doctrine-protect-you-when-you-defend-your-family-from-real-abuse/


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