“Although Boudreau had fallen behind a bit in his mortgage, there were no foreclosure proceedings in effect,” Altman says. “That means the people who trashed bordures home and took his possessions should be arrested and prosecuted like common criminals.”
Castle Doctrine, Stand-Your-Ground Laws
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law that designates one’s place of residence (or, in some states, any place legally occupied, such as one’s car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his “castle“), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.
Castle Doctrines are legislated by state though not all states in the US have a Castle Doctrine law. The term “Make My Day Law” comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home. The law’s nickname is a reference to a line uttered by Clint Eastwood’s character Harry Callahan in the 1983 film Sudden Impact, “Go ahead, make my day.” It is sometimes considered derogatory as it may be used to imply that those who assert the Castle Doctrine defense want to have to shoot their assailant. More pejorative is the term “Shoot The Milkman Law”, sometimes used by anti-gun activists to illustrate the potential abuses of the law in cases involving mistake of fact as to the identity or intentions of the person shot.
Stand Your Ground
Other states expressly relieve the home’s occupants of any duty to retreat or announce their intent to use deadly force before they can be legally justified in doing so to defend themselves. Clauses that state this fact are called “Stand Your Ground”, “Line In The Sand” or “No Duty To Retreat” clauses, and state exactly that the defender has no duty or other requirement to abandon a place in which they have a right to be, or to give up ground to an assailant. States often differentiate between altercations occurring inside a home or business and altercations in public places; there may be a duty to retreat from an assailant in public when there is no duty to retreat from one’s own property, or there may be no duty to retreat from anywhere the defender may legally be. Other restrictions may still exist; when in public, a person must be carrying the firearm in a legal manner, whether concealed or openly.
“Stand your ground” governs U.S. federal case law in which self-defense is asserted against a charge of criminal homicide. The Supreme Court ruled in Beard v. U.S. (1895) that a man who was “where he had the right to be” when he came under attack and “…did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm…was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.”
More on these laws can be read here…
And now for the Jackbooted Thugs…
Man falls behind on payments, mortgage company has home trashed
Brooksville, Florida — Imagine coming back to your home after being away a few weeks and finding the locks changed and the home trashed. That’s what happened to Chris Boudreau of Brooksville.
Boudreau showed us the home, which was stripped bare.
Walking through the living room, he tells us “I used to have a couch, a sofa, a couple of end tables, a TV, DVD player, tapes and cabinet… but they are now gone.”
It happened after 21 Mortgage Corporation in Knoxville, which is Boudreau’s lender, hired a local company to do the job. The mortgage company spokesperson refused to talk to us, but we talked to Boudreau’s attorney, Tom Altman.
According to Altman, the woman from the mortgage company told him Florida is a “self help state,” and that’s why they are allowed to do this. However, Altman explained he was holding the mortgage and Florida is not a self help state. He says he told the woman Florida has strict mortgage foreclosure laws and they were being violated by the company.
But the Hernando Sheriff’s Office apparently has no interest in enforcing those laws… or burglary, breaking and entering and trespassing, either. They say it is a civil matter, even though everything from the house was taken or thrown in the dumpster. The wedding dress belonging to Boudreau’s wife was even cut to shreds.
The rest with video can be read/watched here…