The Castle doctrine in the state of Virginia - Research Paper Example

It also gives examples of United States cases, where the Castle Doctrine laws have been applied. The state of Virginia, which is among the US states that have never implemented the Castle doctrine laws is also discussed, as well as the recent changes in the law in recent years. Finally, the paper highlights the advantages and disadvantages of the Castle Doctrine. Keywords: Castle Doctrine, Intruder, Victim, West Virginia, Statute, Self Defense The Castle Doctrine The law in most nations upholds the fact that every individual has a right to defend himself or herself against an attacker, in what is popularly referred to as self-defense.

Carter points out that the permissions and powers held by individuals for their defense at their homes in case of attacks are contained in the Castle Doctrine (2012). The Castle Doctrine also deals with special cases of attacks committed towards individuals away from their homes. Gardner and Anderson define it as “the doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves” (2011, p. 137). According to the doctrine, a person’s home is his or her castle, and the home owner has the right not to retreat in case of an attack.

The doctrine however allows this on the grounds that the attacker is a stranger or trespasser in the home, and not a co-occupant such as a housemate, spouse, or member of the family. Gardner and Anderson (2011) point out that “a minority of states have an exception to the “castle” doctrine that requires a co-occupant of a home to retreat (if safely possible) before using deadly force in self-defense” (p. 137). Origin of the Castle Doctrine The Castle Doctrine has its origins in the common law that was established thousands of years back.

It is believed to have been established by Plotinus in AD 250. He stated that the only way an individual could save himself from an attacker was not by praying, but rather fighting the attacker (Hunter, 2012). The application of the Castle Doctrine can also be traced back to the Roman law between AD 530 and 533 by The Pandects, who urged that one’s home ought to be the safest place to live for anyone. The English law in the 1600s also upheld the doctrine and supported the statement that “a man’s house is his castle” (Hunter, 2012, p. 14). In 1690, John Locke, who was an influential political philosopher wrote that man has the right and permission to destroy anything that threatens him as well as to destroy any man that fights him.

When the United States gained its independence in 1776, it was declared that pursuit of happiness, life and liberty are inalienable rights that all men, who are created equal, have (Hunter, 2012). The Castle doctrine is also mentioned in the United States constitution and the Second Amendment. Elements of the Castle Doctrine The mode of application of the Castle Doctrine laws is different in different states. However, there are common conditions that basically apply to all states. These include the requirement or condition that a trespasser should have made or be making a trespassing attempt into a car, home or business (Experienced Criminal Lawyers, 2013).

The second condition requires the attacker or intruder to truly be involved in an unlawful act, and this means that the intruder cannot be a law officer