Why is the monroe doctrine important VideoMonroe Doctrine (1823) why is the monroe doctrine important.
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Editor's note: Over the next several weeks, reporters from the Pocono Record will be examining the impact of gun violence in Monroe County and the Poconos for a series of stories.
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Read the last installment: Recent violence prompts examination of shootings in the Poconos. This maxim, a common law that dates back hundreds of years, seems like a simple enough statement, one that is embodied in Pennsylvania's Castle Doctrine.
But, in reality, it is one of the most misconstrued legal concepts when it comes to gun law, according to Monroe County Why is the monroe doctrine important Assistant District Attorney Michael Mancuso. The Castle Doctrine — which has been in place for some time, but was amended to include additional protections in — works like this: If a person unlawfully and forcefully enters your home, your vehicle or please click for source, and attempts to kill, harm sexually assault or remove you from your home, Pennsylvania — or any other state that employs the law — allows for the use of deadly force, if immediately necessary.
The issue here is that there is far more to consider than just a simple assumption that one is permitted to shoot intruders, legal experts say. According to a guide pamphlet from U. First, the use of deadly force must be justified under the law. Second, the person utilizing said force must be attacked in a location where they have a legal right to be.
That person must be in lawful possession of a firearm and cannot be engaged in criminal activity. And finally, the person or persons attacking a victim employing the doctrine must use or display a firearm or other lethal weapon.
Mancuso said the shooter's state of mind is a key part of the decision process when it comes to applying Castle Doctrine. Mancuso noted that police and district attorneys, who determine whether a shooting was a crime and charges should be filed, often try to give the person who used a deadly weapon to protect their home the benefit of the doubt, but many things have to be considered.
Consider the case of Stroudsburg resident Randy Halterman, who shot Adam Schultz and his girlfriend Chastity Frailey after Halterman found the pair inside his home. Schultz, of East Stroudsburg, later died. The couple happened upon Halterman's building as they were walking why is the monroe doctrine important Paradise Trail on the way to explore the remains of Penn Hills Resort. Frailey said that they assumed the structure, which was surrounded by garbage and debris, to be abandoned. Schultz initially called out to ask if anyone was inside the building, and when they received no response, the pair entered and explored for about 20 to 25 minutes.
When Frailey joined Schultz on a second floor catwalk to look around further, she pointed a flashlight toward a wall and saw a firearm emerge from behind a covering. Two shots were fired, and Frailey reported that she felt a "pinch" in her abdomen. Schultz pushed her along the catwalk to escape as several more shots were fired.
Frailey said that she collapsed at the bottom of the staircase, with Schultz landing on top of her legs, pinning her. And he fell face-down on the stairs and the guy shot him again. Sometimes, like in the Halterman case, the answers were readily apparent ," Mancuso said. In a preliminary hearing for the Halterman case held in MarchMagisterial District Judge Michael Muth also noted that the Castle Doctrine would likely not stand as a defense, playing into his decision to maintain the charge of homicide over self-defense. More: Preliminary hearing reveals details in fatal Stroud Twp. In Junea Cambria County woman fatally shot year-old Thomas Deal, who broke into her home, though in this case, District Attorney Greg Neugebauer stated that his office treated moonroe why is the monroe doctrine important as a justified use of force. At that point, she discharged her weapon.
Cambria County Coroner Jeff Lees said that Deal was within six feet of the homeowner when she fired her gun, providing evidence that he was relatively close to her by the time she used the weapon. Neugebauer noted that those details indicated the homeowner had a reasonable fear of being harmed or even killed, and thus was docttrine in using deadly force to stop him. The Cambria County homeowner issued clear warnings to Deal before firing, and in ignoring those warnings, It can be inferred that she was in fear for her life, or the lives and safety of her family click here. Kresge's attorney argued that his client acted in self-defense.
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Kresge was a felon not to possess a weapon, a firearm. The firm serves the Pocono area. At the moment, it is unknown if Halterman's attorney or attorneys will attempt to claim teh or the Castle Doctrine during trial, though it is possible. Some criminal defense attorneys might employ such a strategy, while others would pursue a different approach.]