OLR Report 2012-R-0172 provides background information on the Castle Doctrine and stand-your-ground laws.
The Castle Doctrine and “stand-your-ground” laws are affirmative defenses for individuals charged with criminal homicide. The Castle Doctrine is a common law doctrine stating that an individual has no duty to retreat when in his or her home, or “castle,” and may use reasonable force, including deadly force, to defend his or her property, person, or another. Outside of the “castle,” however, an individual has a duty to retreat, if able to do so, before using reasonable force. Stand-your-ground laws, by comparison, remove the common law requirement to retreat outside of one's “castle,” allowing an individual to use force in self-defense when there is reasonable belief of a threat. Deadly force is reasonable under stand-your-ground laws in certain circumstances, such as imminent great bodily harm or death.
Forty-six states, including Connecticut, have incorporated the Castle Doctrine into law. Connecticut law justifies the use of reasonable physical force, including deadly force, in defense of premises. Connecticut courts have recognized the common law privilege to challenge an unlawful entry into one's home, to the extent that a person's conduct does not rise to the level of a crime. Deadly force is justified in defense of one's property by a person who is privileged to be on the premises and who reasonably believes such force is necessary to prevent an attempt by the criminal trespasser to commit any crime of violence.
Twenty states have stand-your-ground laws. Generally, these laws allow an individual to use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first if the individual (1) has a legal right to be at the location and (2) is not engaged in an unlawful activity. Connecticut does not have a stand-your-ground law. Connecticut law specifically requires an individual to retreat, if able to do so, before using reasonable force.
For more information, read the full report.
