No-Retreat AKA Castle Doctrine and Murder vs. Manslaughter

So after my last post on this and the discussion that followed I decided I wanted to know more. I did some research and was able to find some good info through my digging. Keep in mind this is not me going state by state to look at info but looking in net sources and finding consensus type stuff. (Info repeated in multiple places so most likely accurate.)

What I learned was interesting. I found a great source for info here. This type of self-defense law varies by state, some states count your property line as your castle boundaries while others limit you to the house itself and still others count your car as part of your castle. I found 36 states have a type of law falling into this "Castle Doctrine" category. Each is a little different from the next. Some require a moderate retreat attempt while others are of the No-Retreat variety.

I assumed going into this that probably all of the western states would have a form of this just because they tend toward gun rights a bit more heavenly than some. I was wrong. California, Nevada, Arizona, New Mexico , and Oregon actually have no such laws. I found one site that actually had a map that I found very helpful.

I also discovered that not all of the states with a "castle doctrine" law protect the property owner/resident from a civil case so while the SUV driver in our earlier mentioned case will not be criminally charged in some states a civil case for wrongful death would be allowed. I find that just ridiculous. If a state is going to allow you to shoot someone you feel is threatening your "castle" without fear of prosecution then letting the perpetrator sue them is a bit stupid in my book.

I also decided to look into murder vs. manslaughter. Ryan the 3L over at our brother blog brought up felony murder so I wanted more details. He also wrote a blog about "bad laws" that I found fascinating. Anyway the core of a murder charge seems to be malice coupled with intent. The length of intent does not matter. If you walk into a bar and some dude takes your drink and you think "I am going to kill this guy" and then stab him with your pool cue you have shown intent. Sucks huh? If you walk in on your husband in bed with your nanny and you beat them both to death with your shoe in a fit of rage then you have voluntary manslaughter or "a crime of passion". I personally think felony murder is kind of a nutty rule. I mean it makes sense that someone committing a crime that results in a death be punished but murder? Not sure how I like that. They will get the felony charge as it is, probably a couple of them, to tack on murder seems a bit much. Manslaughter absolutely but murder is over the top.

I am glad you all provoked the researcher in me. Knowing what I know now I would still defend my home and family with deadly force but at least I know I might get sued over it! ;)

No-Retreat Law : Who is the victim here?

Yup I was browsing my CNN again. I tend to check it every day. Today this story jumped out at me. Law protects SUV owner who shot, killed woman. It got me thinking, which is usually the goal of my news wandering. I think the SUV owner had the right to protect himself and his family. I have seen cases where a cop will shoot if a vehicle is coming at him. Pretty justifiable in my book but then some think I am a nut so who knows.

My issue comes at charging the boyfriend with murder. Was he stupid to be stealing a car? Heck yeah. She made the choice to get into the stolen car with him though. I hate the loss of any life, but when that life is lost while committing a crime it makes it difficult to truly mourn. You mourn the person but you do not mourn the circumstances if that makes sense. I think her boyfriend never even dreamed she would lose her life. If he had known it was happening he would most likely have not stolen the car. Should he be charged with murder then? No, not in my book. She was a woman in the wrong place at the wrong time and with the wrong man. It does not bring justice to punish him for something he had no intention of happening. I could see a negligent homicide charge or manslaughter, but not murder.

In my eyes this woman was both victim and offender just as the SUV owner was both. It goes to show that there are many more shades of gray to humanity than we admit too.