MD CJI&C § 8.13(E). Self-Defense: No Duty to Retreat—“Castle Doctrine” Exception

MD CJI&C § 8.13(E). Self-Defense: No Duty to Retreat—“Castle Doctrine” Exception

State: Maryland

2 MD Criminal Jury Instructions and Commentary § 8.13(E)
Maryland Criminal Jury Instructions and Commentary, Third Edition
Chapter 8 DEFENSES
L. Self-Defense

CJI&C § 8.13(E). Self-Defense: No Duty to Retreat—“Castle Doctrine” Exception

One of the exceptions to the general rule that (insert name of defendant) has a duty to make a reasonable effort to retreat before using deadly force is that a person who is attacked in [his] [her] home has no duty to retreat before resorting to deadly force. If (insert name of defendant) was an occupant of the dwelling in which [he] [she] was attacked, [he] [she] was entitled to stand [his] [her] ground and repel an attack in [his] [her] own dwelling [or the immediate area surrounding the dwelling], even if [he] [she] could have retreated with safety. Nonetheless, (insert name of defendant) still must have abided by the other requirements of the law of self-defense, as I have instructed you.

The defendant was an occupant of a dwelling even if [he] [she] was not the head of the household nor had an ownership or leasehold interest, as long as the defendant lived there. This right extends to all persons residing in the dwelling whether they were living there temporarily or permanently. [An occupant of the dwelling need not retreat even if attacked by another occupant of the dwelling.]

By | 2018-04-06T07:21:16+00:00 April 6th, 2018|Comments Off on MD CJI&C § 8.13(E). Self-Defense: No Duty to Retreat—“Castle Doctrine” Exception