NCJ Number
119345
Date Published
1989
Length
21 pages
Annotation
The castle doctrine on cohabitation is considered in relation to the Florida Supreme Court's decision in State v. Bobbitt, a case in which Bobbitt violently attacked his wife in their home and was fatally shot by her in response.
Abstract
Elsie Bobbitt was charged with second degree murder, and the jury found her guilty of manslaughter. The trial court initially refused Mrs. Bobbitt's request to instruct the jury that, according to the castle doctrine, she had no duty to retreat from her home before justifiably using deadly force in self-defense. Instead, the trial court charged the jury on the general duty to retreat in the face of an unlawful attack. After a motion for a new trial was granted, the judge agreed that the jury should have been given instruction on the privilege of nonretreat in the home, in accordance with Florida case law. The Florida Supreme Court ruled that the castle doctrine is not applicable to situations where on legal co-occupant of a dwelling attacks another. The court stated that the original purpose of the castle doctrine applied only to attacks upon the home by external aggressors. The invitee/legal co-occupant property line drawn by the court may cause confusion and future litigation in view of contemporary lifestyles and living arrangements. The castle doctrine's history in English and American law is reviewed. 93 references.