Does Arkansas have a castle doctrine?

Answer 1

The short answer is no, but there are some laws in place in Arkansas that provide some protections to those who might end up having to use force for protection, such as:

5-2-620. Use of force to defend persons and property within home.

(a) The right of an individual to defend himself or herself and the life of a person or property in the individuals home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.

(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

History. Acts 1981, No. 880, § 1; A.S.A. 1947, § 41-507.1.

5-2-607. Use of deadly physical force in defense of a person.

(a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:

(1) Committing or about to commit a felony involving force or violence;

(2) Using or about to use unlawful deadly physical force; or

(3)

(A) Imminently endangering the person's life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse.

(B) As used in this section, "domestic abuse" means the same as defined in § 9-15-103.

(b) A person may not use deadly physical force in self-defense if he or she knows that he or she can avoid the necessity of using deadly physical force with complete safety:

Arkansans would benefit from the addition of a strong "Castle" type statute providing for the following four things:

1. The presumption that a criminal who forcibly enters or intrudes into your home, onto your property, or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

2. Removes the "duty to retreat" if you are attacked in any place you have a right to be.

3. Provides that persons using force authorized by law shall not be prosecuted for using such force.

4. Prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

Currently Arkansas laws do not conclusively provide for any of these four critical things and that is why Arkansans could benefit from a strong Castle Law.