| Usually when it comes to laws on self defense, the | | | | The Castle Doctrine law does pose some risks and is |
| courts expect a person to flee to safety if they can. | | | | not without controversy. Montana recently passed |
| This is called your Duty to Retreat. If someone | | | | their own version of this law, basically stating that a |
| doesn't do this and uses deadly force instead, that | | | | person doesn't have to run away from a conflict |
| person will have to prove that their life was in danger | | | | before using deadly force. The conflict can happen |
| and that there was no chance to escape from harm. | | | | anywhere, so it's not limited to your own home or |
| If he or she can't prove those two things, then there | | | | car. You could be on the street or on the job and |
| is a good chance they will end up being convicted in a | | | | the law will apply. |
| court of law. | | | | Once deadly force is used, the police cannot arrest |
| There is an exception to this Duty to Retreat law. | | | | the person on the spot because they cannot |
| It's called the Castle Doctrine. This doctrine varies | | | | presume he or she is guilty. The burden of proof |
| from state to state, but the general meaning of the | | | | shifts from the person who used deadly force to law |
| law is that you should not be expected to flee your | | | | enforcement and the prosecutor. |
| own home if someone has broken in illegally. It's your | | | | The Montana law is already being tested with a case |
| home, so why would you flee your house and leave | | | | of two dock workers having a fight and one of them |
| the criminal in there? You have the right to use self | | | | pulled a gun out and shot the other worker. The |
| defense if someone breaks into your home. Deadly | | | | shooter claims it was self defense because the other |
| force is even justified if you believe your life is in | | | | man was bigger than him and he feared for his life. |
| danger. | | | | If you want to know more about the castle doctrine, |
| Some states extend this law to your vehicle. You | | | | check with your state and find out exactly what it |
| don't have to get out of your own car if you're being | | | | says is lawful and unlawful self defense, especially |
| threatened. You can use self defense measures to | | | | when it comes to using deadly force. |
| protect yourself. | | | | |