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A castle doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person's abode (or, in some countries, any legally occupied place (a vehicle or workplace )) as a place in which that person has certain protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend himself or herself against an intruder, free from legal responsibility/prosecution for the consequences of the force used. In many jurisdictions, a person has a duty to retreat, to avoid violence if one can reasonably do so. The castle doctrine negates the duty to retreat when the victim is assaulted in a place where the victim has a right to be, such as within one's own home. Deadly force may be considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another".〔 The castle is not a defined law that can be invoked, but a set of principles which may be incorporated in some form in the law of many jurisdictions. The legal concept of the inviolability of the home has been known in Western Civilization since the age of the Roman Republic.〔Numa Denis Fustel de Coulanges, ''The Ancient City'', 50. "To enter this house with any malevolent intention was a sacrilege. The domicile was inviolable."〕 The term derives from the historic English common law dictum that "an Englishman's home is his castle". This concept was established as English law by the 17th century jurist Sir Edward Coke, in his ''The Institutes of the Laws of England'', 1628:
The dictum was carried by colonists to the New World, where it has become known as the castle doctrine.〔 The term has been used in England to imply a person's absolute right to exclude anyone from his home, although this has always had restrictions, and since the late twentieth century bailiffs have also had increasing powers of entry. Another term, the "Make My Day Law", arose in the USA at the time of the 1985 Colorado statute that shielded people from any criminal/civil suits for using force – including deadly force – against an invader of the home. The law's nickname is a reference to the line "Go ahead, make my day" uttered by actor Clint Eastwood's character "Dirty Harry" Callahan (in the 1983 police film ''Sudden Impact''). Justifiable homicide〔(Black's Law Dictionary ): This term applies to the blameless killing of a person, such as in self-defense.〕 inside one's home is distinct, as a matter of law, from castle doctrine's no duty to retreat therefrom. Because the mere occurrence of trespassing—and occasionally a subjective requirement of fear—is sufficient to invoke the castle doctrine, the burden of proof of fact is much less challenging than that of justifying a homicide. With a mere justifiable homicide law, one generally must objectively prove to a trier of fact, beyond all reasonable doubt, the intent in the intruder's mind to commit violence or a felony. It would be a misconception of law to infer that because a state has a justifiable homicide provision pertaining to one's domicile, it has a castle doctrine, exonerating any duty whatsoever to retreat therefrom. The use of this legal principle in the USA has been a matter of international controversy in relation to a number of cases, including the deaths of the Japanese exchange student Yoshihiro Hattori and the Scottish businessman Andrew de Vries. ==Conditions of use== Each state differs in the way it incorporates the castle doctrine into its laws, what premises are covered (abode only, or other places too), what degree of retreat or non-deadly resistance is required before deadly force can be used, etc. Typical conditions that apply to some castle doctrine laws include: * An intruder must be making (or have made) an attempt to unlawfully or forcibly enter an occupied residence, business, or vehicle. * The intruder must be acting unlawfully (the castle doctrine does not allow a right to use force against officers of the law, acting in the course of their legal duties). * The occupant(s) of the home must reasonably believe the intruder intends to inflict serious bodily harm or death upon an occupant of the home. Some states apply the Castle Doctrine if the occupant(s) of the home reasonably believe the intruder intends to commit a lesser felony such as arson or burglary. * The occupant(s) of the home must not have provoked or instigated an intrusion; or, provoked/instigated an intruder's threat or use of deadly force. In all cases, the occupant(s) of the home: must be there legally; must not be fugitives from the law, themselves, or, aiding/abetting other fugitives; and, must not use force upon an officer of the law performing a legal duty. In Colorado, the make-my-day statute provides the occupant with immunity from prosecution only for force used against a person who has made an unlawful entry into the dwelling, but not against a person who remains unlawfully in the dwelling.〔People v. Drennon, 860 P.2d 589 (Colo. Ct. App. 1993)〕〔People v. McNeese, 892 P.2d 304 (Colo. 1995)〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Castle doctrine」の詳細全文を読む スポンサード リンク
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