DOCTRINE: Time for upgrade
For those unfamiliar with the term, a Castle Doctrine essentially says that when a person illegally breaks into your home, you have the right to defend yourself and your family.
Isn’t that the law in Idaho?
It’s NOT, necessarily!
In fact, in Idaho you have to prove that you felt your life, or the life of your loved ones, was in jeopardy. The burden of proof is on the homeowner, the victim, to prove that they needed to defend their life.
Does that sound right to you?
Other states, like Texas and Florida, say that when someone breaks into your home illegally, you have the right to kill that intruder. It is on the criminal to prove that you acted maliciously. The presumption of innocence is moved to the victim. That means that you are presumed innocent and have acted appropriately. It would be on the criminal to prove that he wasn’t an intruder.
We should also give homeowners, the victims, civil immunity from lawsuits.
The bottom line is that the victim in a home invasion shouldn’t have to determine whether or not they can defend their own life. These are split-second decisions and trying to remember if you can defend yourself in your own home is absurd. You should have the right to assume that someone breaking in is intending to do you harm.
2017 is the year to help Idaho homeowners feel safer in their homes.
GREG PRUETT
Middleton