Current PA Castle Doctrine?

[Cookster]

Can someone please point me to our (PA's) current law's on Castle Doctrine, Duty (or not) to Retreat, and other closely related matters, or a good layman's summary of same?

Thanks in Advance,

Rob

[knight0334]

Originally Posted by Cookster

Can someone please point me to our (PA's) current law's on Castle Doctrine, Duty (or not) to Retreat, and other closely related matters, or a good layman's summary of same?

Thanks in Advance,

Rob

Castle Doctrine = within one's home. Coded and Common Law going back to at least Roman times. "A Man's Home Is His Castle"

No duty to flee from one's home, or place of work, in PA by law. Elsewhere you must flee.

Currently PA lacks a "Stand Your Ground Provision" which clears you of having to retreat when somewhere you are lawfully allowed to be. PA also lacks civil/criminal protections. '

Stand Your Ground and Castle Doctrine are different, SYG is an extension of Castle Doctrine. However the Doctrine is specifically your place of abode.

Chapter 5. General Principles of Justification
http://www.legis.state.pa.us/WU01/LI...18/00.005..HTM


The two subsections below show the castle doctrine within the wording.

§ 505 Use of force in self-protection.
http://www.legis.state.pa.us/WU01/LI...5.005.000..HTM

§ 507 Use of force for the protection of property.
http://www.legis.state.pa.us/WU01/LI...5.007.000..HTM

[knight0334]

I have to add this though, you pretty much still have to be in fear of life/limb to use deadly force even within your home. There are provisions and exceptions though to the rule. Rape and kidnapping are a couple other justifiable excuses. So is the committing of a felony within the dwelling(in §507).


The use of deadly force is can be used as well if in the attempt to arrest someone whom which you witnessed commit certain crimes - but all means to detain them has proved futile.


A quote from Kopko v. Miller:
http://www.courts.state.pa.us/oppost...-47-2005mo.pdf

We note that the power of Sheriffs to arrest for crimes committed in their presence is no different from that of a private citizen. In Commonwealth v. Chermansky, 242 A.2d 237, 239 (Pa. 1968), we reiterated that “[a] private person in fresh pursuit of one who has [J-47-2005] - 16 committed a felony may arrest without a warrant. And in Pennsylvania we have always followed the common law rule that if the felon flees and his arrest cannot be effected without killing him, the killing is justified.” However, we narrowed the types of felonies for which the rule was applicable and held that:

from this date forward the use of deadly force by a private
person in order to prevent the escape of one who has
committed a felony or has joined or assisted in the commission
of a felony is justified only if the felony committed is treason,
murder, voluntary manslaughter, mayhem, arson, robbery,
common law rape, common law burglary, kidnapping, assault
with intent to murder, rape or rob, or a felony which normally
causes or threatens death or great bodily harm.

Id. at 240. See Commonwealth v. Corley, 462 A.2d 1374, 1379 (Pa. Super. 1993) (“we hold that a citizen’s arrest can be made for a breach of the peace that is personally observed by the arrestor.”), aff’d on other grounds, 491 A.2d 829, 834 (Pa. 1985) (declining to rule on the issue).

[Cookster]

Knight,

Thanks.

So where does that leave one, who in fear for their life while outside of their home and in a place they lawfully have the right to be, that has to shoot someone and possibly take their life in a act of self-defense / self-preservation?

Regards,

Rob

[knight0334]

Originally Posted by Cookster

Knight,

Thanks.

So where does that leave one, who in fear for their life while outside of their home and in a place they lawfully have the right to be, that has to shoot someone and possibly take their life in a act of self-defense / self-preservation?

Regards,

Rob

If you are anywhere you're lawfully allowed to be and in fear of life or limb, and cannot retreat in complete safety - you can use deadly force. However if you can retreat with complete safety, or your life/limb is not in jeopardy - you must flee.

There is the likeliness that you may still get arrested and allowed for the courts to figure things out. And, you may also be sued by the person or family of that you used deadly force against.

All in all, do your best to get the hell out of Dodge before using deadly force. You cant stand your ground just because someone threatened you. You must make an attempt to avoid killing or using force that could kill or seriously maim someone.

[P89]

It's a catch 22, all depends on how good your attorney is if you find yourself in this situation.

[Jackal]

It would be a whole hell of a lot cheaper to run away than to pull a trigger. Lawyers, lawsuits, and courts are expensive....not to mention the mental and physical drain you would feel from it all. Run if you can.