Quote:
Originally Posted by finnbow
Though related, Castle Doctrine and "Stand Your Ground" are 2 different things. Castle Doctrine is Common Law applicable everywhere in the country inside your residence. "Stand Your Ground" essentially extends, by state legislation, the geographic limits of the Castle Doctrine (your 4 walls) to the entire land mass of your state (and immunizes the use of firearms for perceived self-defense needs outside the home). And yes, the word "immunity" is indeed used in "Stand Your Ground" legislation. Therein lies the rub.
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You're correct that they are two different things. I have a bad habit of using them interchangeably as Missouri has a Castle Doctrine law with a stand your ground clause.
To the best of my understanding, in Missouri the defendant has the responsibility to invoke a defense from whichever statute applies to him after which the burden of proof falls on the state to show that the defendant has broken the law. Until that is done, the defendant is granted immunity from criminal and civil action.
I doubt that I'm explaining this correctly as I'm not an attorney, and apparently even the attorneys are unable to reach a consensus on this matter.
The laws are about as clear as mud, the odds are that by using lethal force you are going to open up a really bad can of worms, and this is a situation best avoided if possible.
Myself, I'm a disciple of the "desecration is the better part of valor" line of reasoning, and avoid situations such as this like the plague.
Chas