castle doctrine

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castle doctrine

Postby SirSqueeboo » Sat Oct 08, 2011 6:19 am

http://www.rilin.state.ri.us/statutes/title11/11-8/11-8-8.htm


11-8-8 Injury or death – Defense. – In the event that any person shall die or shall sustain a personal injury in any way or for any cause while in the commission of any criminal offense enumerated in §§ 11-8-2 – 11-8-6, it shall be rebuttably presumed as a matter of law in any civil or criminal proceeding that the owner, tenant, or occupier of the place where the offense was committed acted by reasonable means in self-defense and in the reasonable belief that the person engaged in the criminal offense was about to inflict great bodily harm or death upon that person or any other individual lawfully in the place where the criminal offense was committed. There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any criminal offense enumerated in §§ 11-8-2 – 11-8-6.


Is this a new law? I always thought there was a "duty to retreat" clause in the laws.
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Re: castle doctrine

Postby newportri » Sat Oct 08, 2011 1:29 pm

I don't think it's been changed since 1984 from what I can see. You don't have the duty to retreat in your home or any building you have the right to be in.
Jim did an excellent write up on the topic and you can read about it here.
http://forum.cralri.com/viewtopic.php?f=22&t=4466
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Re: castle doctrine

Postby SirSqueeboo » Sun Oct 09, 2011 12:38 am

Thanks. I never knew of that, time to update the bad information I gave my family.
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Re: castle doctrine

Postby newportri » Sun Oct 09, 2011 12:40 am

Time to get them signed up with RIFOL :-)

Jim has done a lot of really good analysis that he has posted on cral that is worth reading.
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Re: castle doctrine

Postby SirSqueeboo » Sun Oct 09, 2011 6:30 am

newportri wrote:Time to get them signed up with RIFOL :-)

Jim has done a lot of really good analysis that he has posted on cral that is worth reading.


They're liberals. :cry:

A few years ago someone tried breaking into my mother's house so I offered to loan her my glock and get her shooting lessons. She told me "I don't want a glock". I asked why and she said because of what she read about them in a Vince Flynn novel. I must have laughed for at least 20 minutes.
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Re: castle doctrine

Postby newportri » Sun Oct 09, 2011 12:41 pm

:D
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Re: castle doctrine

Postby _KJ_ » Mon Jul 21, 2014 10:58 pm

This is an ancient thread but Im new here so forgive my necro-posting please.
I have read the lengthy write up linked, including all the the case laws and im a bit confused.

Heres what Ive got so far: I can use deadly force if the building im in is broken into and im in danger, or the building is entered peacefully at first but then I become endangered (whether I invited the assailant in or not).
BUT, it has to be a building? How do these laws from above mesh with my right to self defense in say a parking lot or at a red light in my car? Thanks for any insight.
Last edited by _KJ_ on Tue Jul 22, 2014 3:49 pm, edited 1 time in total.
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Re: castle doctrine

Postby newportri » Tue Jul 22, 2014 1:40 pm

You still have the right to defend yourself if you fear for your life, but you cannot "stand your ground". You have to at least try to retreat if possible.
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Re: castle doctrine

Postby jcat » Tue Jul 22, 2014 3:21 pm

newportri wrote:You still have the right to defend yourself if you fear for your life, but you cannot "stand your ground". You have to at least try to retreat if possible.


In other words, you have to be able to prove that you had no way of retreating or GTFO'ing if you aren't in a building. Your first choice is escape, with defense of self as a secondary option.

Inside a building, you do not have that same 'duty to retreat', meaning your first option is defense of self.
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Re: castle doctrine

Postby newportri » Tue Jul 22, 2014 5:13 pm

Don't forget that you also have to prove (and convince) the (grand) jury that your life was in danger not that you just had to defend yourself.
IANAL, but this is how I interpret this.
I always remember the acronym JOA and it applies to inside and outside your home:
J = Jeopardy. You need to prove your life is in jeopardy. The fact that a girls scout walks into your house to sell cookies doesn't cut it. In RI law there is something about the "intent" of the intruder as well. I that if someone breaks into your house at night, the intent is by default more serious than if it happens during the day and it is easier to claim your life was in jeopardy.
O = Opportunity. The intruder had the opportunity to cause serious harm or death.
A = Ability. The intruder has the ability to cause serious harm or death. The intruder might have had a weapon, or there could be multiple intruders, or he/she could be physically stronger.

You need to convince them that any reasonable person would act similarly with the facts that were known when you had to defend yourself. There is no clear answer to how the outcome would be for every situation, and there is no way of knowing what the courts would do. This is why lethal force should be the LAST resort when there are no other options if you want to survive. Otherwise, you could still be convicted, or in the best case put yourself in debt for the rest of your life due to legal bills.
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