oa De Rebus - Knock out! Stand your ground or self-defence? : feature
|Article Title||Knock out! Stand your ground or self-defence? : feature|
|© Publisher:||Law Society of South Africa|
|Publication Date||Jan 2015|
|Pages||36 - 37|
In the United States (US), 'stand your ground law' removes a duty to retreat from the elements of self-defence. It exists in American statutory law and sometimes through common law precedents. 'Stand your ground' laws effectively extend the 'castle doctrine' to any place someone has a right to be. The castle doctrine is a legal doctrine that designates a person's abode as a place in which that person has certain protections and immunities, ('for a man's house is his castle' Sir Edward Coke - 17th century jurist (The First Part of the Institutes of the Laws of England, or, A commentary of Littleton (London 1628)). Forty six US states have adopted the castle doctrine, stating that a person has no duty to retreat when their home is attacked. Twenty two states go a step further by removing the duty of retreat from other locations. Under such laws there is no duty to retreat from anywhere the defender may legally be.
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