Comment on Pre-emptive force (02/08/2003)
Perhaps it is the accent and perfect diction, but the British often appear to Americans to be of superior intelligence. That is, until we learn of some curious incident which quells such thought instantly. Take the Tony Martin case, for example. We always thought the phrase “a man’s home is his castle” came over from Britain. And, as an American trained lawyer, I always thought the so-called “castle doctrine” of self-defence law was part of the great English common law that we inherited. It appears that while the castle doctrine is still a well-established part of the law in most American jurisdictions, it has been abolished in its birthplace. The castle doctrine simply says that if an intruder enters your home with criminal intent, you owe him no duty of due care and you have no duty to retreat before using deadly force to defend yourself or your family. You can’t use deadly force solely to defend property, but anyone who breaks and enters an occupied home, especially at night, is clearly a threat to the continued good health and cheer of the occupants. Is it time for the colonists to send back some of the great and wonderful English common law that we brought over with us?
Kenneth Willis
Denver, Colorado
Why are home invaders called “burglars” in Great Britain? A burglar breaks into vacant dwellings to steal valuables while the resident is away. A home invader breaks into occupied homes in order to force a confrontation with those inside. A burglar is motivated by greed, the home invader by a desire to terrorize and harm others. Home invasion is a far more serious crime, and anyone suddenly facing an intruder in their home has a right to use whatever force is necessary to protect themselves and their families.

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