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Thread: Castle Doctrine

  1. #1
    Regular Member Primus's Avatar
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    Castle Doctrine

    Section 8A. In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.

    https://malegislature.gov/Laws/Gener...r278/Section8a

    Here is the actual text of the legislation that gives you "castle doctrine". Note bolded words.
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member OC for ME's Avatar
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    In SC and MO cops know a justified shoot when they see one and do not file charges, let alone arrest. Do MA cops arrest and let the process work through? Or, do they know it when they see it?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    If you're gonna feed it then you have to clean its litter box too, and no, it can't sleep in the house. They stink.
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    Regular Member Primus's Avatar
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    Quote Originally Posted by OC for ME View Post
    In SC and MO cops know a justified shoot when they see one and do not file charges, let alone arrest. Do MA cops arrest and let the process work through? Or, do they know it when they see it?
    I can't speak for anyone else but myself, with that said I know we don't have a policy that says we shall arrest nor does the mgl itself say shall arrest for any crime other then violation of RO.

    So with that being said it'd be up to officer/detectives and exact scenario.

    I've been perusing more and more case law on this subject and I can tell you this. Its VERY rough to find a case that goes to trial where there was only the shooting/defense in question. It seems majority of cases I keep finding have a litany of other offenses and the self defense issue is just a guy throwing it out there. Usually drugs involved, illegal possession of firearms (stolen, etc), other assaults involved,gang related, etc. So in those cases the self defense aspect in the shooting is irrelevant for the arrest because x,y,z are also involved.

    If/when I find a legit case of a LAC involved in a shooting I'll post it.
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member Maverick9's Avatar
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    Yeah that bolded part stinks because it leaves 'reason' up for interpretation by the 'enemies of reason'.

    Thanks to Primus for pointing that out.
    Last edited by Maverick9; 01-04-2015 at 05:41 PM.

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    Regular Member OC for ME's Avatar
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    Side issue: The offending language, in my view, of the statute. "...and that said occupant used reasonable means..."

    But, it is what it is.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Side issue: The offending language, in my view, of the statute. "...and that said occupant used reasonable means..."

    But, it is what it is.
    Well, a person on your land who you did not invite is not there to give you a foot massage.

    "reasonable"? I think any force that the land owner uses is reasonable. Stay off the guy's land if you do not want a 45 slug going through your brain...now that's reasonable.

  8. #8
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Well, a person on your land who you did not invite is not there to give you a foot massage.

    "reasonable"? I think any force that the land owner uses is reasonable. Stay off the guy's land if you do not want a 45 slug going through your brain...now that's reasonable.
    Mostly inane jibberish this post is.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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