The “Make My Day” law, or castle doctrine, is a statute held by many U.S. states that allows homeowners to protect their residences from intruders'”using deadly force, if necessary. The law is based on the assumption that one’s home is his or her “castle,” and that residents have a right to exist lawfully in their homes without threat of unlawful intrusion or violent assault.
In states that have no castle doctrine, homeowners are often assigned the duty to retreat. This means that, when confronted with violence or intrusion, the homeowner is required to retreat from the assault if at all possible. Self defense is only considered a viable defense if the homeowner has no choice but to react with violence or deadly force.
Defining “Castle” in Castle Doctrine
The term “castle” is used in “Make My Day” laws to describe a habitation in which the occupant is lawfully residing. In other words, the castle doctrine wouldn’t apply to squatters who have entered a dwelling illegally.
In most states, a person’s “castle” is his or her place of residence. It doesn’t matter whether the person in question owns or rents, so long as he or she has a legal right to reside there. In other states, the term “castle” extends to workplaces, vehicles, and other property.
When Can the “Make My Day” Law be Invoked?
It depends. The Colorado “Make My Day” law, for example, is very broad, and authorizes the use of deadly force against an intruder if there is reason to believe that said intruder will cause bodily harm to a legal occupant of the dwelling or if the intruder intends to commit burglary or a related felony. Deadly force is also permitted in Colorado if there is reason to believe the intruder intends to commit sexual assault or a kidnapping.
There are limits, however. For example, deadly force cannot be used if two people are engaged in a consensual physical altercation, or if the homeowner initiated the assault. Unfortunately, it is not always easy to tell whether deadly force is reasonable or what motives and intentions an intruder possesses.
Why is it Called the “Make My Day” Law?
A castle doctrine is often referred to as the “Make My Day” law, a reference to the 1983 thriller Sudden Impact, in which Clint Eastwood taunts an adversary with the words: “Go ahead, make my day.”
Its use as a euphemism for castle doctrine refers to the possibility for people to use this statute in a manner other than that for which it was intended. There are certainly opportunities for people to exploit the castle doctrine, and it is up to law enforcement, district attorneys, and juries to sort out the aftermath.
How Often is the Castle Doctrine Invoked?
The NRA publishes blurbs in their magazine and on their web site that feature homeowners successfully defending their homes. In some cases, those stories result in the deaths of the intruders.
Just recently, an Erie, Colorado, resident stabbed two men who had illegally entered her home. One died, while the other was severely injured.
In that case, the homeowner was arrested for the assault on the two intruders, but then subsequently released. The Huffington Post speculates that the castle doctrine will play a part in determining how the case proceeds in the future.
