Welcome to this episode of our ONLY open-access content, our weekly News/Q&A Show. A transcript of the show is available at the Law of Self Defense Blog (http://lawofselfdefense.com/blog), with links to all relevant content mentioned.
In today’s News/Q&A Show for August 19, 2021 we touched on a broad range of questions submitted for the show, as well as questions submitted live, including:
NEWS
State files two new motions in Rittenhouse case: to get donor names, and use new video (8/18/2021)
Evidence that goes to an unlawful state of mind—e.g., “We don’t call 911!,” or a Punisher back plate on your Glock—certainly CAN be used against you in court, as illustrated in this news story of this motion by the Rittenhouse prosecutor.
Q&A
- Legal implications of using a binary trigger on personal defensive weapon.
- Greater clarity of legal doctrine of “curtilage” in context of use-of-force law.
- Why absence of “self-defense insurance” for law-abiding citizens only 19 years of age?
- Legal boundary between “use” of force versus mere “threat” of force (e.g., “defensive display”).
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Attorney Andrew F. Branca
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Seems like the the words “castle doctrine” mean a lot of different things to a lot of different people. New York is supposed to be a “castle doctrine” state, but New York’s “castle doctrine” does not relieve a person in his own dwelling of the existing duty to retreat before using deadly force in self defense if he was the initial aggressor.
On the question of binary triggers: it seems to me that this greatly increases the risk of putting a bullet down range that wasn’t intended with all the legal risks that follow with that second round.
Itwould seem to me that you are absolutely correct.
People v Tomlins 213 NY 240 (1914). A pretty good description of the castle doctrine and why it releaves a person in his own dwelling from the duty to retreat so the killing of another in self defense in a sudden affray or on chance medely can be excused from felony on the grounds of a necessary unlawful use of force in self defense.
Keep in mind that this case deals with an excusable homicide in self defense (a felony offense) within a dwelling, rather than a justified homicide in self defense (no offense at all) within a dwelling.