Leadership Institute BranchLegal Training Section

What is the Castle Doctrine?

Use of ForceRoll Call Training

2014-1

Objective

At the end of this review, the viewer will be able to:

Describe the changes made to Kentucky law by the “Castle Doctrine.”

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The Castle Doctrine

In general, the Castle Doctrine is used to describe the ability of a individual to defend themselves (and others) from an attack in an area where that individual has a legal right to be, such as their home. It permits that individual to use any force necessary, up to and including deadly force, to do so.

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In Kentucky

Although many elements of the Castle Doctrine were already part of Kentucky law, in 2006, the General Assembly amended certain statutes in KRS 503 and added several new onesto include explicit new provisions.

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Definitions

The General Assembly added and modified definitions in KRS 503.010.

Dwelling was expanded to include a porch area that is under roof, as well as tents and other areas that are designed to be occupied by people at night.

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Definitions

Definitions were also added and amended:•Residence includes any dwelling in “which a person resides either temporarily or permanent or as an invited guest.”•Vehicle includes any conveyance “whether or not motorized which is designed to transport people or property.

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Felony involving a Use of Force• Both KRS 503.050 (Protection of Self) and

KRS 503.070 (Protection of Another) were amended to include any “felony involving a use of force” as a justification to use deadly force.

• Although not listed specifically, that definition might include, for example, Robbery and the higher degrees of Assault

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Duty to Retreat

In addition, in both statutes, and others, it is noted that there is no “duty to retreat” prior to a use of deadly physical force. In other words, you don’t have to leave a location where you have a right to be.

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KRS 503.055

KRS 503.055 is a completely new statute, added in 2006, and is at the heart of the Castle Doctrine.

It explicitly provides that there is be a legal presumption of fear under certain circumstances – meaning that the subject does not have to “prove” it.

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KRS 503.055

For example, an individual will be legally presumed to be in fear if someone “unlawfully and forcibly” enters their dwelling, residence, or occupied vehicle and/or tries to remove them from the same location.

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However ….• The presumption does not apply when

the force is directed toward someone who has a legal right to be at that location, unless there is an order (such as an EPO/DVO) that prohibits them from the location.

• It does not apply when a person is trying to remove a child of whom they have lawful custody

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However ….The presumption also does not apply when the force is directed toward someone who has entered a location to prevent an unlawful act against another and has a legal right to be at that location, unless there is an order (such as an EPO/DVO) that prohibits them from the location.

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Most importantly for LE …The presumption does not apply when the force is used against a peace officer who is entering in performance of their official duties and who clearly identifies themselves as a peace officer, such that the person using force should have reasonably known they were using force against a peace officer.

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Stand Your GroundThis is the only place in Kentucky law where “stand your ground” actually appears – as KRS 503.055(3) provides that if an individual is in a place where they have a lawful right to be, and doing nothing unlawful themselves, they have no duty to retreat and may stand their ground and use appropriate force, including deadly physical force, to defend themselves.

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Immunity Provisions • KRS 503.085 is another statute added in

2006. It provides for civil and criminal immunity for an individual who uses force, including deadly force.

• Specifically, it prohibits the arrest, detention, charging or criminal prosecution of an individual who is able to make a legitimate claim of self-defense

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Immunity Provisions • However, it does not apply if the use of

force was against an identified peace officer.

• This law does not prevent an agency from investigating but an arrest should not be made unless it is determined that there is probable cause that the force used was unlawful.

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PenaltyIf an improper arrest is made, the Court may award attorney’s fees, court costs and other compensation if it determines that the individual is immune from prosecution due to a valid claim of self-defense.

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Summary

In this brief roll call training, we have discussed the Castle Doctrine as it applies in Kentucky.

Although there are only a few changes to existing Kentucky law, the changes are important for law enforcement officers to understand.

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Summary• Of critical importance is the need to delay

any arrest or detention in situations where the individual who used force has at least an arguable claim that they were using lawful force.

• In such situations, officers should continue with the investigation but confer with local prosecutors before making an actual arrest.

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Questions?

If you have any questions concerning this presentation, please feel free to contact the Legal Training Section in one of the following

ways:

Website: www.docjt.ky.gov/legalPhone: 859-622-3801

Email: docjt.legal@ky.gov

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