Citation

Paquette Boots D, Bihari J, Elliott E. Crim. Justice Rev. 2009; 34(4): 515-535.

Copyright

(Copyright © 2009, Georgia State University Public and Urban Affairs, Publisher SAGE Publishing)

DOI

10.1177/0734016809332095

PMID

unavailable

Abstract

Second Amendment issues regarding the right to bear arms in the home have come into focus recently with the U.S. Supreme Court landmark decision in District of Columbia v. Heller. Despite strong antigun sentiment in the wake of high-profile shootings, sweeping new castle doctrine legislation has passed in 23 states in the last 4 years. These laws effectively expand individuals’ right to defend their home and possessions with lethal force without the necessity to retreat. To date, there is little criminological research that examines the evolution of the modern castle doctrine legislation in the United States. The present article addresses this gap in the literature by offering a historical perspective on the legal etiology of the castle doctrine relating to self-defense and then analyzes existing and pending castle doctrine legislation through December 2008. A discussion of the legal and criminological implications of these statutes on public policy is offered.