castle doctrine
castle doctrine 城堡主义 一个人的家便是他的城堡。因此，他可以用一切暴力手段，甚至是致命的手段来保卫自己的家及其居住者免受攻击。这一原则通常被认为出自1644年科克的《法学概要第三辑》〔Third Institute〕，但在罗马法中也可以找到有相同含义的词语。
Search Results for: CASTLE DOCTRINE
castle doctrine
castle doctrine. Criminal law. An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm. — Also termed dwelling defense; defense of habitation. See
dwelling defense
dwelling defense 〈美〉防卫住宅 美国多数司法辖区规定，在自己的住宅中为保护自身、家人和住宅本身不受攻击可采取包括致命方式在内的防卫措施。 (→castle doctrine)
retreat rule
Criminal law. The doctrine holding that the victim of a murderous assault must choose a safe retreat instead of resorting to deadly force in self-defense, unless (1) the victim is at home or in his or her place of business (the so-called castle doctrine), or (2) the assailant is a person whom the victim is
retreat rule
retreat rule. Criminal law. The doctrine holding that the victim of a murderous assault must choose a safe retreat instead of resorting to deadly force in self-defense, unless (1) the victim is at home or in his or her place of business (the so-called castle doctrine), or (2) the assailant is a person whom the
defense of habitation
The defense that conduct constituting a criminal offense is justified if an aggressor unjustifiably threatens the defendant’s place of abode or premises and the defendant engages in conduct that is (1) harmful to the aggressor, (2) sufficient to protect that place of abode or premises, and (3) reasonable in relation to the harm threatened. —
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