Effect Of Castle Doctrine Laws Uncertain
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Effect Of Castle Doctrine Laws Uncertain
An Associated Press review finds that the impact of Castle Doctrine laws passed in Texas and 22 other states since 2003 is uncertain.
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(December 5, 2008)--A convenience store clerk in Jackson, Miss. was charged with murder after chasing down a man and shooting him to death over a case of beer this summer.

A week later, a clerk at another Jackson convenience store followed and fatally shot a man he said tried to rob him, and authorities let him go without filing charges.

Police say the robber in the second case was armed, while the man accused of stealing beer was not.

Just the same, the legal plights of the two clerks highlight the uncertain impact of National Rifle Association-backed laws sweeping the nation that make it easier to justify shooting in self-defense.

In 2006, Mississippi adopted its version of the so-called castle doctrine, which lifts requirements that individuals first try to flee before using deadly force to counter a threat in their homes, vehicles or, in Mississippi's case, at work.

Gun rights advocates who have helped pass the law in 23 states including Texas since 2003 say it removes an unfair legal penalty for people exercising a constitutional right in a life-or-death emergency, but some police and prosecutors are skeptical of self-defense claims under the law.

An Associated Press review found a growing number of cases, but no clear trend yet in how the law is applied or how cases will be resolved in court.

All a defendant has to do is establish a threat, and usually the other witness is dead, which shifts the burden to prosecutors and police investigators, who have to gather evidence to show beyond a reasonable doubt that deadly force wasn't justified.

"Castle doctrine" laws drew national attention when Joe Horn of Pasadena shot and killed two men in November 2007 he saw crawling out of the windows of a neighbor's house, carrying bags of the neighbor's possessions.

Horn claimed the shooting was justified by Texas' law, and a Harris County grand jury declined to indict him.

Latest Comments

Posted by: Pam Location: Lubbock on Jan 24, 2009 at 12:24 PM

The exposed handgun "list" won't pass you idiot. We don't need any vigilantes running around shooting people like uncivilized savages, i.e. that murderer Joe Horn. We have a police force. The previous state of the law was sufficient for self defense. The presumption deadly force is reasonable is preposterous. It is sad to see such a low value placed on human life. Lets see if you would feel the same way if your daughter or son accidently walked up to an occupied car with tinted windows that looked like theirs and got their heads blown off by someone who "feared" he was going to be robbed.
Posted by: Tony Location: Waco on Dec 5, 2008 at 01:20 PM

WOW...is it just me or am I the only one that thinks the person who wrote this is against citizens being able to defend themselves and/or their property against criminals?!? Hey writer, go to NRA's website or pick up one of their magazines and read all the stories on how the Castle Doctrine has saved many, many lives.
Posted by: Someone Location: Near-Here on Dec 5, 2008 at 11:58 AM

Anyone as a Law abiding Individual, has the Right to defend Himself or his Property if felt threatened by anyone else(period). This 'will' stop a lot of the foolishness of Roberies, Home Invasions, etc.,etc. Right now, here in Texas, There is a list of Signatures with 20,000 signatures circulating for a Law to carry a gun exposed(not concealed)!! I'll be glad to see it passed!!!!
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