“Castle Doctrine” is Law in Michigan
The “Castle Doctrine” package
of bills was signed into law on July 20, 2006. The law will
become effective on October 1, 2006. Until then, current case
law will be applied to all situations.
This law would have been more accurately described as the
“Stand Your Ground” law. This
law, when it becomes effective, removes the duty to retreat
from a violent attack. Individuals in Michigan, as in most
states, have always had the right to stand their ground and
defend themselves with no duty to retreat when attacked inside
the four walls of their home. However, if attacked outside
the four walls of their home, even if on their own property
(such as the backyard, detached garage, or a pole building),
individuals in Michigan were required to retreat from a violent
attack if able to do so safely. As of October 1, 2006, there
will no longer be a “duty to retreat” from a violent
attack as long as the individual is in a place where they
have a legal right to be and as long as they are not engaged
in illegal activity.
Opponents of this law have described it as a “Shoot
First” law. This is not the case. This law
does nothing to remove the “Use of Deadly Force”
continuum. The escalating degrees of force still apply to
all situations and the “Reasonable Man”
standard will still be used to evaluate an individual’s
actions in a given circumstance. This means that the following
three valid reasons to use deadly force still apply to all
situations:
1. Fear of Death.
2. Fear of Serious Bodily Injury.
3. Fear of Forcible Sexual Penetration
In addition to these three reasons for the use of deadly
force, the following three conditions must exist in order
for the use of deadly force to be justifiable:
1. Imminent - One of the three above listed
reasons for the use of deadly force must be about to happen;
it cannot be something that will happen tomorrow or in a few
weeks.
2. Intent - The attacker has to have demonstrated
some sort of intent. This can be verbal or non-verbal. The
display of a weapon, verbal threats, or aggressive advances
after being told to stay away are all indications of intent.
3. Ability – The attacker has to have
the ability to carry through with their intended attack. If
someone says they are going to shoot you, but have no firearm,
then they do not have the ability to shoot you at that moment.
You still must act reasonably and apply the above principles
of the use of deadly force.
Here is what this law does change. This law removes the duty
to retreat anywhere that an individual has a legal right to
be provided that they are not engaged in illegal activity.
If a person acts with reasonable force, up to and including
deadly force, then the prosecuting attorney must prove that
the person acted unlawfully in order to take the case to trial.
This is a change from current procedure where a person who
acts in self-defense must prove that they acted lawfully after
being charged and possibly taken to court. In addition, if
a person cannot be charged and convicted criminally, the new
law provides that they cannot be prosecuted civilly. If for
some reason a civil case is allowed to proceed, the person
who used justifiable self-defense shall be awarded court and
attorney’s fees.
This all means that you must still act in a reasonable manner.
Your firearm should still be your “tool of last resort”
for self-defense. The emotional trauma and aftermath of shooting
another human being will be absolutely devastating. It should
be avoided if at all possible. This law mitigates the aftermath
so that a decision made under the duress of defending oneself
against a criminal does not destroy your life criminally or
financially.
You are encouraged to read these laws for yourself and evaluate
them. For professional legal advice, you should consult a
lawyer familiar with firearms law and the use of deadly force
in Michigan. Links to these laws are provided below:
HB 5143 now PA 309 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2005-HB-5143
Sponsored by Rep. Rick Jones.
HB 5142 now PA 313 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2005-HB-5142
Sponsored by Rep. Tom Casperson
HB 5153 now PA 310 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2005-HB-5153
Sponsored by Rep. Leslie Mortimer.
HB 5548 now PA 314 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2006-HB-5548
Sponsored by Rep. Tim Moore.
SB 1046 now PA 311 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2006-SB-1046
Sponsored by Sen. Alan Cropsey
SB 1185 now PA 312 of 2006
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=2006-SB-1185
Sponsored by Sen. Ron Jelinek
This legislation has now been passed into law in several
other states and many states are considering very similar
legislation. The map below demonstrates which states now have
these laws and which states are considering this type of legislation.
By scrolling your mouse over a particular state and clicking,
you will follow a link that will enable you to see either
the law or the legislation of that particular state.
If your state is considering this type of legislation, please
contact your elected representatives and encourage them to
protect you and your family from violent attack and financial
ruin by enacting this legislation in your state. It is time
for the criminals to live and operate in fear instead of the
law-abiding!
What is it, and what does it mean to me?
The new “Stand Your Ground”
legislation was first introduced in and passed into law in
Florida in 2005. This was the first law to not only remove
a law-abiding citizen’s “duty to retreat”
from a violent attack, but also authorized the use of reasonable
force up to and including deadly force. This law also went
a step further in protecting crime victim’s rights by
making it clear that if the use of force was justified and
no crime was committed, then the law-abiding citizen could
not be sued in civil court by the wounded, criminal perpetrator
or the perpetrator’s family.
The essence of this law is to extend the “Castle
Doctrine” found in English common law.
Basically, if you, a law-abiding citizen, are in a place that
you have a legal right to be (such as your home, your car,
or the grocery store) and you are attacked, then you do not
have to retreat from that attack. You may stand your ground
and use whatever force is reasonably necessary to stop the
threat. If you act reasonably, then you will not be prosecuted
criminally and no one can sue you civilly (you would still
be responsible for injury to innocent bystanders).
This legislation has now been passed into law in several
other states and many states are considering very similar
legislation. The map above demonstrates which states now have
these laws and which states are considering this type of legislation.
By scrolling your mouse over a particular state and clicking,
you will follow a link that will enable you to see either
the law or the legislation of that particular state.
If your state is considering this type of legislation, please
contact your elected representatives and encourage them to
protect you and your family from violent attack and financial
ruin by enacting this legislation in your state. It is time
for the criminals to live and operate in fear instead of the
law-abiding!
STAND YOUR GROUND LEGISLATION IN DIFFERENT
STATES
Image Enlarges.
Alabama
– SB 283
Alaska
– HB 314
Arizona
– HB 2375, SB
1145
Colorado
– HB 1246
Florida
– SB 436
Georgia
– SB 396
Idaho
– SB 1441
Indiana
– HEA 1028
Kansas
– HB 2577
Kentucky
– SB 38
Louisiana
– HB 89, HB 1097
Maryland
– HB 589
Michigan
– HB 5142, HB
5143, HB
5153, HB
5548, SB
1046 Mississippi
– SB 2426
Missouri
– HB 1103
New
Hampshire – HB 1354
New
Mexico
Ohio
– HB 541
Oklahoma
– HB 2615
Pennsylvania
– HB 2231
South
Carolina – HB 4301
South
Dakota – HB 1134
Utah
– SB 24
Washington
– SB 6139
Wyoming
– HB 46
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