A Man’s Home

            All too often after listening to the news or reading the paper, I come away with the feeling that the laws favor the criminal.  I sometimes wonder what I could legally do if some criminal approached or threatened me in my car or on the street?  Recently I received a letter from the National Rifle Association concerning this issue of “Castle Doctrine” Laws.   

          As you may have guessed the name is taken from the idea that, “a man’s home is his castle.”  Wikipedia defines the Castle Doctrine as “…one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack.”  Thanks to the federal constitution, Washington State citizens have the right to protect themselves in their home, but in the car or on the street, this ability is much more limited.

          In the case of a carjacking, burglary or mugging, shouldn’t the presumption be that the law-abiding citizen acted correctly?  As the NRA letter correctly points out, “…when a criminal strikes, there’s no time to consult a lawyer.”  However, the law in many states is unclear.    

          Some states require that, if possible, you retreat before a criminal, but as one of my sons pointed out, “That just gives the criminal the right-of-way.”  Statutes that permit you to not retreat in the face of felons are often called “stand-your-ground” laws.  Washington State has no specific statute in this area, however the state Supreme Court ruled in State v. Sherrie Lynn Allery, that, “No duty to retreat exists when one is feloniously assaulted in a place where (they have a) right to be.”  Strictly speaking, to say that you have no duty to retreat is not the same as saying you have a right to stand your ground. 

          This blog has documented how, instead of solving problems, the Washington State legislature often seems intent on writing dumb self-serving laws and raising taxes.  Instead of wasting taxpayer money, the legislature should incorporate specific Castle Doctrine and stand-your-ground principles into state law.  Here is the NRA proposal.    

           “First, Castle Doctrine laws should make it clear that if a criminal breaks into your home, or attacks you in your car, on the street or in another public place, that criminal is presumed by law to have the intent to do grave bodily harm upon you.

           “Second, Castle Doctrine laws should make it clear that, in the face of a criminal attack, law-abiding citizens should not be forced to retreat from any public place they have the right to be – and that you can meet force with force to defend yourself or your loved ones.

            “And third, these laws should make it clear that you cannot be prosecuted or sued for injuring a criminal, if you must use force to defend yourself against a violent attack.”

            These proposals are common sense and Washington State, along with the rest of the nation, should adopt them.