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Castle Doctrine Bill: Don’t retreat; kill the assailant
By Roshan Tolani


Quid Enim Sanctius, Quid Omni Religione Munitius,
Quam Domus Unusquisque Civium

The message is: Your house is your castle, and it's your duty to protect it. This ancient Roman sentiment reflects the sanctity of ones house.

This age-old doctrine is ringing true in certain states such as Texas. On Tuesday, Texas became the 16th American state to approve the controversial Castle Doctrine Bill.

The Castle Doctrine bill is America’s interpretation of the 18th century English Common Law, which portrays home as a protection against violent attacks. As enacted by many other U.S. state legislatures, the Castle Doctrine adopts the essence of the English Common Law because it necessitates retreat before self-defense.

However, Texas has pushed the Castle Doctrine to the next level. Instead of necessitating retreat before using self-defense tactics, Texas says that if an intruder breaks into your home to do harm, you can use deadly force to protect yourself. The law also allows you to stand and fight if you’re in your car or workplace.
The law also provides civil immunity for those who use deadly force in certain circumstances. This additional feature protects defenders from the frivolous lawsuits of criminals and their families.

The new law undeniably has radical effects. Nonetheless, there is much apprehension over the benefits and drawbacks implicated in the law.

“As a resident of Texas—not just as a gun-store owner—I am pleased that the bill passed,” said Bob Godell, owner of The Gun Doctor in Longview. Bob represents just one of the many Texans who support the law. The Texan House approved the bill in a 133-13 vote.

Senator Kevin Eltife said that the new law would provide citizens with a “better peace of mind.” Acutely aware of the hidden dangers, Eltife hopes that citizens will operate within the law’s confines.

Although Texas may not be the Wild West, it is undoubtedly an atypical state. Guns are ubiquitous. Texans can legally carry a concealed handgun. Locals support criminal punishment, even capital punishment. Texas has the most executions, 388 in total, since the death penalty was reinstated by the U.S.
Supreme Court in 1976. Gun-wielding is relatively common amongst aggressors and victims as well.

Interestingly, Texan citizens expect the government to protect their rights
more than their own lives.

However, some are pessimistic about the Castle Doctrine bill. The legal approval to the “Shoot first; ask questions later” bill has aroused serious concerns, too.

Anyone can fumble in the heat of the moment, and the repercussions can
prove to be regrettable. Moreover, aren’t all lives precious, even the lives of assailants? Finally, won’t it be hard to gauge the intruders’ intentions? And, you do, won’t it be too late?



URL: http://www.guardian.co.uk/uslatest/story/0,,-6513829,00.html


Posted on: 03/30/2007 08:16 AM | Number of feedback 4


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