DB Reply X2

Student 1

Stand Your Ground laws enable those who are following the law to stand their ground and meet force with force.  This Stand Your Ground type of law “bars the prosecution of people who use deadly force against a deadly aggressor without first attempting to retreat, or offers such persons a valid self-defense claim against a charge of criminal homicide” (Ward, 2015).  Therefore, if an individual feels like their life could be in danger, they have no duty to retreat and can use deadly force upon the person they feel threatened by.

            The Castle Doctrine is similar to a Stand Your Ground law.  In both of them, there is no duty to retreat.  However, with a Stand Your Ground law, this ability to stand extends to wherever an individual is.  With the Castle Doctrine, this right is only good in a person’s “castle” and says “that a man owes no duty to retreat in his own home from an intruder intending to cause death or serious bodily harm” (Levin, 2010).

            The Bible does not specifically prohibit or condone self-defense.  There are numerous instances where Jesus shows what a pacifist he was.  However, knowing his arrest was imminent and his disciples would soon be endangered, Jesus instructed them to “let the one who has no sword sell his cloak and buy one (Luke 22:36, ESV).  These swords were not to attack, as he soon told Peter to not strike anyone else, but only as defense.

            Since we are made in the image of God, and our bodies are temples, we should do all we can to protect them.  Of course, if we can do that without killing another that is best, but if not then we must protect ourselves.  Exodus 20:13 declares, “you shall not murder.”  This specifically states “murder” not “kill.”

References

Levin, B. (2010).  A defensible defense?: Reexamining Castle Doctrine statutes.  Harvard

Journal on Legislation 47(2), p. 523-553.

Ward, C.V. (2015).  “Stand Your Ground” and self-defense.  American Journal of Criminal Law

42(2), p. 89-138.

Student 2

Week 5 Law Topic: Self-Defense/Defense of Others and the Bible

The Castle Doctrine states that you have the right to protect your home and family while inside your residence. That means specifically that if you are in your home and intruder helps him/her self in, you have the right to use deadly force. Some states list that you can only be covered by the Castle Doctrine in cases of deadly force “ONLY if it is absolutely Necessary”, while other states such as Florida have removed that piece. “The Florida law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and forcefully enters the dwelling” (Gardner & Anderson, 2015). To be clear, The Castle Doctrine does not apply if you were out away from your home and came back to an intruder already in your home- at that point you must NOT pursue the criminal but call the police.

The Stand Your Ground Laws are designed more for your protection in a public setting away from your home. Stand Your Ground states “Only in response to deadly force or to prevent forcible felony; no duty to retreat “(Gardner & Anderson, 2015). Not every state has a specific Castle Doctrine or a Stand Your Ground Law. I live in North Idaho; this is one of the states that has a series of statutes that claim the same defense as the Castle Doctrine instead. Additionally, Idaho does not have a law that claims you must retreat before using deadly harm either, therefore it is assumed in court similar standards as Stand Your Ground.

            Self Defense in the Bible can be just as confusing as todays laws. We see for most of the old testament that rulers and kings had all the power and the common people could do little too nothing to protect themselves from government oppression. However, we can read in the book of Ezekiel how important life blood is to the Lord. Ezekiel 33:6... But if the watchman sees the sword coming and does not blow the trumpet, and the people are not warned, and a sword comes and takes a person from them, he is taken away in his iniquity; but his blood I will require from the watchman's hand.” ( ESV). The principle could not be more clear: you must protect your life and the lives of others.

            I believe the question of whether it is acceptable or moral to save your own life at the expense of another is a matter of the heart. Those who are inherently selfish would not think twice about saving their own life before another. However, there are others that would not even consider their own life before saving the life of another. Christ sets an example for all when he freely gave up his life at the cross and died for all of us. Was it worth it? He was teaching his father’s ways, preforming miracles, feeding the hungry, serving the pour and saving lives on a daily basis, some would argue he was more valuable alive, but by accepting his fate as our Savior, dying a selfless death -saved all who will take Him for eternity.

In addition to self-defense the lord makes many judgments about murder. The most obvious, is one of the ten commandments “though shall not kill” (Exodus 20:13, ESV) and the famous debate over Gods mercy with Cane over the murder of Able. But what does He think when a murder takes place in self-defense? I came across this great website with an unknown author who shed some light on it for us. In 1 Chronicles Daniel is speaking with the Lord, “But the word of Jehovah came to me, saying, thou hast shed blood abundantly, and hast made great wars: thou shalt not build a house unto my name, because thou hast shed much blood upon the earth in my sight.(1 Chronicles 22:8, ESV) In vs 28 He reiterates it "But God said to me, 'You shall not build a house for My name, because you have been a man of war and have shed blood” (1 Chronicles 28:3, ESV) The unknown author incite was this “David wants to build a house for the Lord. This is a good desire. But God says, "David, you are disqualified from doing this." Why? Not because of the murder of Uriah. Not because of his adultery with Bathsheba. It is because of the wars, and because David had 
"shed much blood upon the earth in my sight." David had killed men in the sight of God, and that disqualified him from this spiritual service. But wasn't David obeying God in engaging in these wars? Yes. Did David sin in shedding this blood? No. But shedding blood is so significant to God that David was unfit to for certain "ministries".” (www.biblicalselfdefense.com, 2013). Excellent article.

References

Unknown Author (2013) http://www.biblicalselfdefense.com/

Gardner, T., Anderson, T., (2015). Criminal Law, twelfth edition, Cengage Learning, Stamford   Ct.

Bible, English Standard version (ESV)

Read dozen official web sites on the castle doctrine and stand your ground laws but did not end up citing them.