‘My home is my castle’: the law in the United States, which is worth knowing all living in the country

Many of you have probably heard about the laws that protect the “inviolability” of the dwelling in the U.S. and other democracies of our world. The rest of the world will not say, but about the United States can have such an experience, the author writes the channel’s “How it’s Wrong to live in the USA” on “Yandex.Zen”.

'Мой дом - моя крепость': закон в США, о котором стоит знать всем живущим в стране

Photo: Shutterstock

Let’s start with the main postulate of this life: theory and practice often are very different from each other. Sometimes it is completely different in fact things. Consider, though, the notorious communism. The theory that we have had during the Soviet era, the heaven and earth.

To begin, I will show you how the law looks at the wrapper that is on paper.

The doctrine of the fortress (the castle), or stand your ground (eng. Castle Doctrine) is a principle of law derived from the Anglo-Saxon customary law. Formulated in Family 1604, from which came the English proverb “an Englishman’s Home is his castle” (eng. An Englishman’s home is his castle). Most often now the doctrine of a fortress used in the United States, where implemented in the legislation of most States. In some other countries there are similar principles of law.

According to this doctrine, the place of residence (and in some States — occupy any legitimate place) is inviolable, and the penetration into it without permission — is obviously a crime. The principle provides the resident (owner) the legal right to attack the invading any available means, up to the last causing of death to protect themselves, their property and other people from any attack or invasion, which could potentially end the attack. Thus, in the framework of law principle means that the killing of a person intruding into a dwelling, can be justified by the court as a valid measure of self-defense, without the need for additional justification for the causing of death.

The doctrine of the fortress is implemented in the laws of most US States, though not all, in a number of States has the opposite doctrine: “give up while you can” (which also operates in neighboring Canada).

Translate into normal language, using an example.

I have a dwelling house. Conditional you got to my house, for example, wishing to profit by the collection of my soldiers (remember those in the USSR, for 20 cents?). You are not going to harm neither me nor even my fish in the aquarium. You just wanted to quietly take my collection. It is likely that you were going to send me a check in the mail “N-th” amount after some time. Apology and other things.

But I know of your heartache. I just got up got up in the night or during the day. And met you… in my house. I was not in the spirit early in the morning and smitten with righteous anger to the person I don’t know at all, and certainly not invited to their home “at any time of the day and night.” According to the American upbringing and way of life, I called the police.

The police, who arrived on the scene very quickly, you found the conditional with signs of heavy beating. You, of course, be arrested for unlawful entry into my home. But arrest me too – on a more serious articles, such as, for example, the deliberate infliction of harm to your health. The bills for your treatment will be my responsibility. And that are not conventional accounts of medicine in the United States is the most expensive in the world. No insurance company is not signed.

But if the police finds at the scene the corpse of a conventional you – I would have absolutely no complaints. No! Moreover, it does not matter what way I killed you conditional. Whether from a beloved grandmother’s revolver, or some secret trick.

The essence of you. Before you encroach on my collection of toy soldiers for 20 cents, you are 200 times think, and is it worth it. I have no reason to leave the offender alive. To me it’s just not financially afford. Draw your own conclusions.

But in real life in the United States there is a reverse side of the coin. I knew a man who absolutely legally shot the real Sheriff’s leg on their land. The Sheriff stalled the engine in heavy rain in the area of big sur. This is the name of the place on highway 1 on the coast of the Pacific ocean. On this stretch of highway 1 there is no connection (no radio, no mobile) for about 20 miles, in other words – to call for help he could only “regular” phone, which the Sheriff was hoping to get from the nearest habitation. The terrain is such, just take my word for it.

Near the road there was a land with a shack in which he lived, this friend. He was poor, and the land passed to him by inheritance. On it nothing grew except weeds, and nothing on it was not built. The shack was located 200 meters from the highway. And Yes, most importantly – this fellow, this is the Sheriff previously put behind bars for some time (just can’t remember his term now) for having his own land in the weeds grew wild hemp. Whether she grew up, and he squinted, whether he had a personal intent in this case is absolutely not important. What is important – is it a good memory. Friend remember what it looks like this Sheriff.

The fellow in the window of his hut, despite the rain, I noticed the Sheriff’s car and reached for his rifle, when he saw that the Sheriff is on his land to his shack. He went out on the porch and not very politely sent the Sheriff away from their land. The Sheriff didn’t remember him, and trusted the “good master of the earth” and his police uniform.

Comrade fired at the feet of the Sheriff – he still believed in “magic” because of his uniform. Believed in vain – she did not help him. Shot in both legs and called an ambulance, fire and police – all the rules. After the Sheriff tried to plead with him. In those places it is difficult to maudlin of the jurors, whom to hire local residents. Nothing the Sheriff did not.

The original column published in the blog “How Wrong to live in the USA” on “Yandex.Zen”.

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