Wednesday, August 26, 2009

Tennessee's Castle Doctrine

The question is frequently asked and probably more frequently pondered, "What kind of force can I use to protect my property?" Urban legends abound concerning dragging would be assailants inside the threshold of one's home to prove entry. The rule, though, is fairly simple: Generally speaking, one may not use force that will cause death to defend only property; and one may not use deadly indirect force, such as a trap or spring gun, to defend property. Only reasonable force is permissible.

However, special rules apply to defending one's home, especially when oneself or one's family is present. Like many jurisdictions, Tennessee follows the "castle doctrine", which effectively states that one's place of residence is a place in which one enjoys unique protection from illegal trespassing and violent attack. A person may have the legal right to use deadly force to defend that place, and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

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