Castle Doctrine In Georgia Law

Discussion in 'GA Laws and Politics' started by Mike from Philly, Sep 19, 2005.

  1. Mike from Philly

    Mike from Philly New Member

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    Does anyone know if Georgia has something like FL's castle doctrine? If so do you know the section number in the Georgia Code.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Not only in your house, but anywhere.

    "The rule in Georgia is that 'if the person claiming self-defense was not the original aggressor there is no duty to retreat.'"

    Dukes v. State, 256 Ga. App. 236, 568 S.E.2d 151 (2002)


    And:

    "OCGA 16-3-21(a) (Code Ann. § 26-902) provides in part that "a person is justified in using force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony." The code is silent as to whether one using such force has a duty to retreat. In Glover v. State, 105 Ga. 597, 31 S.E. 584 (1898), it was held that if the accused was not at fault there is no duty to retreat "if the circumstances are sufficient to excite the fears of a reasonable man that a felonious assault is about to be made upon him, and the slayer, who is free from blame, acts under the influence of such fears...." Glover, at 599, 31 S.E. 584. At the time of the court's interpretation of the law in Glover the penal code then in effect was also silent as to the duty to retreat in self-defense cases. Vol. 3, Code of Georgia of 1895 adopted in Ga.L.1895, p. 98.
    The position of the court in Glover is in line with the majority view in this country that if the person claiming self-defense was not the original aggressor there is no duty to retreat; those jurisdictions requiring retreat generally hold there is no duty to retreat unless it can be accomplished in complete safety. LeFave & Scott, Handbook on Criminal Law, § 53 at 395 (1972).

    . . .

    The sole defense of Ms. Johnson was self-defense. The state countered this defense by raising the issue of retreat, claiming she should have run away. After the charge of the court, counsel for the defense immediately objected to the failure to charge on retreat. Normally there is the state's evidence of the crime countered by the defendant's evidence of an affirmative defense. Here we have the additional element of the state offering evidence and arguing a position which is intended to negate the affirmative defense, i.e., the opportunity to retreat.
    We hold that where self-defense is the sole defense, and the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat as set forth in Glover."



    Johnson v. State, 253 Ga. 37, 38, 315 S.E.2d 871 (1984).
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If, however, the issue of retreat is not raised by or put into issue by the prosecutor, such as by asking "Couldn't you have just run away and avoided the whole thing?" or arguing to the jury that you should have run away instead of using force, then the defendant is not entitled to an instruction on the lack of a duty to retreat. Ellis v. State, 245 Ga. App. 807, 539 S.E.2d 184 (2000)
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    We could always amend OCGA 16-3-21 . . .
     
  5. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Speaking of amend. I received a letter from the NRA the other day wanting to me sign a petition to send to local state reps for a change in GA's law to the FL Model stand your ground law. I thought it was kinda pointless seeing how in GA you can stand your ground if you can reasonably articulate grave bodily harm and/or death to yourself or another person.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Not necessarily pointless. It would not be as big of a change in Georgia, but I think Florida has added some protections that Georgia does not have - like immunities and such.

    I would need to read Florida's statute to be sure, and I have not.
     
  7. Gunstar1

    Gunstar1 Administrator

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    As I have notice with most all of Georgia's gun related codes, they could all be better than they are now.

    That is aside from just removing most of them.