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Castle Doctrine

jchen012

Regular Member
Joined
Oct 4, 2006
Messages
144
Location
Bellevue, WA, ,
I just saw this news article out of OK and it lists Washington as a state where you have to attempt to retreat before using deadly force. Is this correct? I thought we were a stand your ground state...

http://abcnews.go.com/US/okla-woman-shoots-kills-intruder911-operators-shoot/story?id=15285605

In the map in the video, WA is not highlighted as a stand your ground state. Looks like there was a bill passed in 2005 that nullified the right to use deadly force in your own home unless your life is threatened. Apparently the lawmakers in Olympia do not believe that someone breaking into your house is enough to warrant your life being threatened... Does that mean if someone breaks into my house and they are not muscular and unarmed, do I have to "retreat?"
 
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bmg50cal

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Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
Washington State has no “duty to retreat;” precedent was set in State v. Studd (1999) and State v. Reynaldo Redmond (2003) the court found: "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."

RCW 9A.16.050

Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

[2011 c 336 § 354; 1975 1st ex.s. c 260 § 9A.16.050.]
 

Metalhead47

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Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
I just saw this news article out of OK and it lists Washington as a state where you have to attempt to retreat before using deadly force. Is this correct? I thought we were a stand your ground state...

http://abcnews.go.com/US/okla-woman-shoots-kills-intruder911-operators-shoot/story?id=15285605


Where do you see that in the article? Or might it have been chanced since the initial posting?

Since it was brought up, is there a short list somewhere of self defense laws state by state? My wife was just asking me about this...
 

deanf

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Feb 25, 2007
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N47º 12’ x W122º 10’
"that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."


In other words there is no statute law memorializing your right to shoot an intruder in your home without first retreating; it's common law: law established by court decision.
 

bmg50cal

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Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
In other words there is no statute law memorializing your right to shoot an intruder in your home without first retreating; it's common law: law established by court decision.[/COLOR]

Buzzz!!! I'm sorry, wrong answer...

RCW 9A.52.020

Burglary in the first degree.
(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person.

(2)
Burglary in the first degree is a class A felony.
[1996 c 15 § 1; 1995 c 129 § 9 (Initiative Measure No. 159); 1975 1st ex.s. c 260 § 9A.52.020.]



RCW 9A.16.050

Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

[2011 c 336 § 354; 1975 1st ex.s. c 260 § 9A.16.050.]

No questions asked, send them to their maker.
 

bmg50cal

Regular Member
Joined
Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
[/COLOR]

Workman says otherwise.

I'm not sure where the discrepancy is - maybe he will explain it.

Actually Workman said...

Washington’s Supreme Court has already held, in State v. Reynaldo Redmond, that “The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.” Thus, the Evergreen State is already a “stand-your-ground” jurisdiction, but does not have an actual “stand your ground” statute.

The bill's changes would simply clarify and strengthen what is already in the RCW.
 

BigDave

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Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
No questions asked, send them to their maker.

Buzzz!!! I'm sorry, wrong answer...

There is No Duty To Retreat in Washington State so as long as you have a legal right to be there you can defend yourself as long as you meet the criteria for the use of force.

It is not as simple as they walked through your door and you can shoot them unless the following criteria can be met.

Washington Practice Series TM
Database Updated November 2011

Washington Pattern Jury Instructions--Criminal
2008 Edition Prepared by the Washington Supreme Court Committee On Jury Instructions, Hon. Sharon S. Armstrong, Co-Chair, Hon. William L. Downing, Co-Chair

Part IV. Defenses
WPIC CHAPTER 16. Justifiable Homicide

WPIC 16.08 No Duty To Retreat

It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force. The law does not impose a duty to retreat.


Washington Pattern Jury Instructions--Criminal
2008 Edition Prepared by the Washington Supreme Court Committee On Jury Instructions, Hon. Sharon S. Armstrong, Co-Chair, Hon. William L. Downing, Co-Chair

Part IV. Defenses
WPIC CHAPTER 16. Justifiable Homicide

WPIC 16.02 Justifiable Homicide—Defense of Self and Others

It is a defense to a charge of [murder] [manslaughter] that the homicide was justifiable as defined in this instruction.
Homicide is justifiable when committed in the lawful defense of [the slayer] [the slayer's [husband] [wife] [registered domestic partner] [parent] [child] [brother] [sister]] [any person in the slayer's presence or company] when:
1) the slayer reasonably believed that the person slain [or others whom the defendant reasonably believed were acting in concert with the person slain] intended [to commit a felony] [to inflict death or great personal injury];
2) the slayer reasonably believed that there was imminent danger of such harm being accomplished; and
3) the slayer employed such force and means as a reasonably prudent person would use under the same or similar conditions as they reasonably appeared to the slayer, taking into consideration all the facts and circumstances as they appeared to [him] [her], at the time of [and prior to] the incident.
The State has the burden of proving beyond a reasonable doubt that the homicide was not justifiable. If you find that the State has not proved the absence of this defense beyond a reasonable doubt, it will be your duty to return a verdict of not guilty.

This can also be related to Ability, Opportunity and Jeopardy.

We can all draw different scenario's to apply or not apply but one will need to articulate what lead up to the shooting in self defense.

I do hope SB5418j gets traction and makes it into law, I have contact my State Rep and asked for his support and hope others will do the same.
 
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New Daddy

Regular Member
Joined
Mar 21, 2009
Messages
123
Location
Seattle, Washington, USA
Marty Hayes talks about this on his blog:

http://www.firearmsacademy.com/blog

This is what he says:

"in 2005, the Washington State Supreme Court nullified our castle doctrine law in Washington state, taking away our per se right to use deadly force againt persons breaking into our homes, and replaced it with a generalized "necessity based" use of force scheme. In other words, you must make sure the burglar is placing your life in danger before shooting."
 

ghosthunter

Regular Member
Joined
Jun 8, 2008
Messages
283
Location
MOUNT VERNON, Washington, USA
Washington State has no “duty to retreat;” precedent was set in State v. Studd (1999) and State v. Reynaldo Redmond (2003) the court found: "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."

They put a map up on the screen the Castle States were colored blue I think. Washington was not.
 
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