Free Essay

Changes to Missouri Castle Doctrine

In: Social Issues

Submitted By jnb140th
Words 798
Pages 4
Missouri State Representative Randy Dunn has proposed House Bill 1940 which is intended to modify the current state statute commonly referred to as the Castle Doctrine, specifically 563.031, RSMo. The proposed bill was analyzed in conjunction with the proposition set to be voted upon by the house and senate later this year. One significant change to the Castle Doctrine imposes a duty to withdraw or retreat from the location where the doctrine is invoked. The other major change includes opening up civil liability to anyone who invokes this doctrine. While the bill expands on a fairly ambiguous concept, it runs the risk of subjecting common citizens to scrutiny of the law typically reserved for law enforcement professionals. Missouri Representative Randy Dunn has sponsored a proposed change (HB 1940) to the current Castle Doctrine as represented in part by 563.031, RSMo (2007). The Castle Doctrine as it currently stands allow Missouri residents the ability to defend themselves in their dwelling, residence or vehicle with force up to and including the use of lethal force. This use of force is based upon self-defense against a person imposing or threatening to impose physical force or violence against the resident. Residents protected by this doctrine have rights under this provision against civil and criminal scrutiny. House Bill 1940 proposes clarification to what constitutes a last resort for residents placed in a situation of potentially invoking the Castle Doctrine. This clarification includes that, whenever possible, there has to be an effort to evacuate, escape or evade the threat posed within the dwelling, residence or vehicle. It continues to place the burden of justification upon the resident utilizing force to provide adequate defense to his or her actions as the current doctrine does, but this doctrine may still be subject to civil suit even if legally invoked. This bill was originally developed in response to concerns arising from legal ambiguity in other states such as the Florida case involving the infamous Stand Your Ground law. This law came under nation-wide scrutiny after a highly-protested decision where, during discussion of Stand Your Ground, George Zimmerman was acquitted for murder charges after fatally shooting Trayvon Martin in 2012. This proposed bill will likely be influenced by a myriad of organizations but the biggest influencing organization likely would not be classified as a true special interest group. That impact would by way of resistance from the Tea Party, a conservative group based on grass-roots constitutionalism. The idea of Tea Party opposition is based on their overall conservative views that base gun rights for self-protection as a constitutional cornerstone. It has the potential to catch resistance from the National Rifle Association as well for its implied limitations on the use of firearms in home defense. Some of that resistance has already come from within the house. Representative Joe McGaugh has already filed a bill (HB 2126) that would not only combat HB 1940, but also further extend rights and protection under the Castle Doctrine to certain authorized persons given authority by the homeowner. HB 1940 contains key concepts that are imperative to any use of deadly force; that is, it is a last resort use of force. This concept was not overly clarified in the original text and left considerable room for interpretation. It also allowed that intruders who were attempting to disengage were still subject to lethal force covered by this doctrine. Conceptually, it prevents ambush tactics and emphasizes that all efforts to prevent the taking of life have been expended. If it is proven that the resident was placed in imminent danger, it is the burden of the state to prove it unlawful. HB 1940 subjects residents to application of force only after they attempt to evade the home and safe shelter that they had previously been able to defend. That implies that a homeowner should simply get up and leave when an intruder enters the home and allow him or herself to immediately become victims. This surrender of protective domain may open additional opportunities for the resident to be further victimized. It eases the burden of the intruder and provides additional legal protection to the intruder. Passage of this bill opens the resident up to civil liabilities that, at a minimum, can cause further victimization or, in more extreme circumstances, may make them hesitate in a critical situation when timing is essential. The current doctrine may be lacking in structure and interpretation, but the passage of HB 1940 is detrimental to the welfare of society. It deprives the rights of law-abiding citizens to feel secure in their homes and effects. Protection under the Castle Doctrine should not mean that upon intrusion, owners should abandon their castle. This bill has rightfully met with abrupt criticism and scrutiny.…...

Similar Documents

Free Essay

Osaka Castle

...Osaka castle Dezarae ballungay Social Studies, period 5 Mr.Sato Today is a wonderful day to talk about the history of the Osaka Castle. The Osaka Castle is widely known as an emblem of the power and fortune of Hideyoshi Toyotomi. Hideyoshi began construction at the former site of Honganji Temple and completed the magnificent castle, which was reputed as the unparalleled in the country. Hideyoshi employed the castle as his stronghold, he had succeeded quelling the wars that which had continued for more than one century, thereby unifying the entire nation. After his death, Ieyasu Tokugawa, who worked for him was his Chief retainer, was appointed to the shogun and he established the shogunate government in Edo that in Tokyo. In 1615, Ieyasu ruined the Toyotomi family and destroyed the Osaka Castle in the summer of the war Osaka. Thereafter, Tokugawa shogunate reconstructed the Osaka Castle. In 1868 it was held under direct control but when the shogunate lost power the castle fell. Later on in 1931 the main tower was reconstructed in the center of the Osaka Castle, which was used as a military base and with funds raised by the citizens. The present day the main tower is the third generation. It follows the main tower from the Toyotomi period that was destroyed by fire during the summer war, the Tokugawa period which was struck by lightning was burned down. Since its construction the Osaka Castle repeatedly featured as the battleground of the major wars in Japanese......

Words: 488 - Pages: 2

Free Essay

Castles

...Neuschwanstein Castle The earliest castles were built in Normandy and were, basically, just a mound encased by a ditch or moat with a few building in the interior. There have been numerous developments in the architecture and have turned them into concentric castles with stonewalls thick enough to withstand anything. These castles have been scattered all over the world. Some were made to hold troops to defend against enemies; some were also made as a luxurious getaway for a Lord or a King. Many of these castles are enormous, durable, resilient buildings that were carefully constructed over a length of time that resulted in beautiful works of art all over the world. One of the castles that are known for its beauty and marvel is Neuschwanstein Castle. Neuschwanstein means, “new swan stone”, and is a very well known castle that lies in the southwestern state of Bavaria in Southern Germany. Some people know it as “the castle of the fairy-tale king”. This fairy tale king, the creator of the castle, was King Ludwig II. He was the successor and son of King Maximillian II; and took the oath to become the next King at the young age of 18 right after his father died of blood disease. The location of the castle has some history behind it. Ludwig II’s predecessor, Maximillian II, owned a castle named Hohenschuangau, which fairly close to Neuschwanstein. This made it so that Maximillian II could see the creation of the castle from his castle. The location of Neuschwanstein is near......

Words: 1118 - Pages: 5

Free Essay

Missouri Controversy

...In November of 1818, Missouri petitioned Congress for statehood and ignited a controversy over slavery and a balance of power in the Senate that would span two sessions of Congress and threaten the dissolution of the Union and a civil war. Prior to the Missouri question, the Union had eleven free states and eleven slave states, each with two Senators. The Missouri Territory, carved out of land acquired in the Louisiana Purchase in 1803, covered an expanse of land just north of the Ohio River and just west of the Mississippi (these rivers joined in the southeastern corner of the territory). According to the terms of the Ordinance of 1787, which prohibited slavery in the Northwest Territory, the Missouri Territory was designated a free territory, but many of the settlers had brought their slaves with them when they settled the area and were determined to enter the Union as a slave state. With the growing abolitionist sentiment in the North and the South pressing to legalize slavery, permitting Missouri to enter the Union as a slave state would tilt the power of the Senate in favor of the South and make the realization of legalizing slavery more attainable. Since 1809, the issue of slavery had been relatively quiet, but Missouri’s request to enter the Union as a slave state just at the nation was beginning to expand westward, thrust the question of slavery back into the spotlight of national politics. A set of compromises, known as the Missouri Compromise of 1820, allowed......

Words: 2749 - Pages: 11

Premium Essay

White Castle

... Moreover, direct marketing has made a big change for this enterprise, telemarketing is kind of a direct marketing strategy but it is done through a sales representative on phone, or internet technology. By using this kind of services they are interacting with more customers and it gets easy for some customers too order or have knowledge about the company. Furthermore, Catalogue is used often for more information, it acknowledges the customer more about the company and builds brand loyalty. Push and pull strategy are both being used for White Castle. A pull strategy is used when there is a rescission, and so consumers are not willing to spend much, so classic offer such as save 25%, or buy one get one free kinds of offers are used in this company. By using these kind of offers, it create a send of increased, a time limited value so that the customer can always come to the store for looking for the new prommotions. On the other hand a push strategy is also used, White castle promotes its products through advertising in Television, for example in the movie "Harold and Kumar" they have shown a very appealing advertisment, which creates a desire and makes the product known in the market. Moreover, they used a referals or even speading out information through people, they encourage their customers to spread the name of their company. Product classification White Castle has many variety of products, we can classify them into Castle Combos, Bigger craves, sliders, sides,......

Words: 789 - Pages: 4

Premium Essay

Missouri Compromise

...Textbook Questions set # 4 11/4/10 11. Chapter 10 Page 396 The Missouri Compromise, 1820- The Missouri Compromise in 1820 was an agreement between the North and South in which it allowed Missouri to be admitted as the twenty-fourth state. The compromise made it legal to own slaves for the southern border only. This will be the beginning of the debate over slavery that led to the civil war. 12. Chapter 11 Page 430 The Indian Removal, 1820-1840- After the election of 1828, one of Andrew Jackson’s goals was to remove the Indians. Jackson wanted the Indians to move westward toward Oklahoma, so he passed the Indian removal act. Most tribes including; Choctaws, Seminoles, and Chickasaws did not argue and agreed to move west. The Cherokees however believed that they had a right to a state government and saw Georgia’s new law as unconstitutional. Therefore the Cherokees had to be forced to move. This began the trail of tears where four-thousand Cherokees died of hunger, cold temperatures, and diseases. After the act took place, more than fifty-thousand Indians had been removed and twenty- five million acres of land were now open. 14. Chapter 14 Page 539 Wagon Trails West- The western wagon trails started out as settlers heading west for new trade opportunities with Mexico. An example of a wagon trail in the west was the Santa Fe Trail. Here travelers sought to go to Oregon and California. Like the other settlers traveling different western trails, those......

Words: 417 - Pages: 2

Free Essay

The Nature of Space in Kafka's the Castle

...From the end of the nineteenth century to the outbreak of World War I, great developments in technology and knowledge brought about significant changes in the way man viewed time and space. The necessity of clear train schedules led to the development of World Standard Time and the plurality of private time. In regards to space, with which this paper deals, man moved into other subjective realms beyond the two and three dimensions described by Euclid. In fact, with Einstein's theory of relativity, the number of spaces inherent in life increased beyond calculation to equal the number of moving reference systems of all the matter in the universe. This theory echoes Nietzche's contemporary philosophical theory of perspectivism, where space only consists of points of view and interpretations, not objective facts. Thus, these two doctrines signaled a breakdown of the old notion that there is a single reality, a single, absolute space. Space became subjective and relative, man could not be sure of what it was that actually surrounded him and made up his physical world. Creative artists, painters and novelists, attempted to deal with this new concept. Attacks were made on traditional notions that there is only one space and that a single point of view is equal to an understanding. Writers, specifically, responded with multiple perspectives depicting different views of the same objects in space in order...

Words: 2356 - Pages: 10

Premium Essay

At Will Doctrine

...Assignment 2: Employment at Will Doctrine LEG500 Legal, Ethics and Corporate Governance August 3, 2014 Referring to the Employment-At-Will doctrine, which states that both employer and employee can terminate their relationship as employee and employer for good cause, for no cause, for cause morally wrong or for no cause at all, some of these employees seems to have crossed the line that gives all the possible reason for the company to fire them (Halbert & Inguilli, 2012, pg 46). Considering that the company operates, as any at will employer it can be assessed that it has the full authority to terminate most of these employees since they have committed a breach of contract with their actions. However, even though the doctrine gives the absolute right for both stakeholders to terminate their contract for a cause or for no cause at all, there are still some limitations to the law that companies need to consider before firing an employee if they wish to minimize their liabilities and litigation costs. If there's no contract covering termination, you're free to fire an employee at any time, for any reason or for no reason at all. That law still applies today, but the "at-will" rule is subject to many limitations. For example, despite the "at-will" rule, a fired employee may claim one or more of the following grounds in a wrongful-discharge case (Steingold, 1997, para 4)). In light of this I will try to assess the actions of these employees one by one to determine the......

Words: 1123 - Pages: 5

Premium Essay

Will at Doctrine

...Assignment Two: Employment-at-Will Doctrine Linda M Zaccarillo LEG500 Law, Ethics and Corporate Governance Note: This assignment is submitted on July 31, 2014 to Professor Sliben in fulfillment of a requirement for successful course completion. Assignment One: Employment-at-Will Doctrin In this paper I will be acting as a recently-hired Chief Operating Officer in a midsize company preparing for an Initial Public Offering. I will also I will analyze the emoloyment-at-will doctrine, determine if any exceptions and liabilities exist, and give a brief definition. I will also discuss Pennsylvania employement-at-will doctrine. Employment-at-Will Doctrine Employment-at-will doctrine means the common law rule that holds that whenever an employment relationship is of an indefinate duration, either party- the employer or the employee-may terminate the relationship at any time,for good cause or bad, in good faith or with malice(Halbert & Ingulli, 2012. p 46). John John is not protected by the employment-at will doctrine. The reason that I can fire him is because his interent blasting is a direct violation of company policy. There is no privacy when posting on the internet. When you post things on the interent you are posting for the whole world to see. John is not covered by any laws to protect him from being fired. There is also no way that he ccan contest the firing because he is violatiating......

Words: 1931 - Pages: 8

Free Essay

Glass Castle

...Book Report on Glass Castle by Jeannette Walls 1 Book Report on Jeannette Wall’s Glass Castle Book Report on Glass Castle by Jeannette Walls 2 Jeannette Walls's story is one that gives the reader an idea of what it is like to grow up in a very complex and often self-destructive family system. Jeannette Walls's memoir Glass Castle begins with her riding in a taxi through contemporary New York City on her way to a party. As she looks out the taxi window, Jeannette sees her mother digging through a dumpster. Even though her mother had been homeless for years, Jeannette was all of a sudden filled with shame and gloom about her mother's life. Jeannette then begins to reflect on her childhood and how her Mom and Dad's choices affected her. The story then transitions to a three-year-old Jeannette and her story of catching her dress on fire while cooking her dinner. After a few days in the hospital, Jeannette's father shows up, lifts Jeannette out of bed, and leaves the hospital without paying the bill. The memoir continues with the family moving town to town in the American Southwest. Only staying in one place until Jeannette's father could no longer hold a job, or her mother demanding they spontaneously uproot and start again. Jeannette's father's paranoia about the state and organized society, coupled with his alcoholism, leads them to move more and more frequently. Finally, they settle down in a small mining town, Battle Mountain, Nevada, for a few months; where Jeannette......

Words: 1271 - Pages: 6

Premium Essay

Castles

...There are many interesting parts of a castle. The way these parts were built was because of how the people there lived and what they needed. Most parts of a castle are made for protection from invaders. Castles were constantly being attacked, so they needed to be heavily guarded and armed. Other parts of a castle are for living, eating, entertainment, and storage. A moat is a body of water surrounding a castle that is used to prevent attackers from digging tunnels under the castle walls. They were usually 5 to 15 feet deep and either filed with water or kept dry. They put dangerous things in the moat such as wooden stakes, alligators, and dangerous fish. a drawbridge is one of the most important parts of a castle. It is a wooden bridge that crosses the moat and leads to a gateway. Using metal chains it is capable of being raised or lowered. In early castles the drawbridge was designed t be broken or taken off in attack. A gatehouse was a strengthened structure built over the gateway that was used as the main entrance to the castle. It sometimes has a guard house in it. On the sides there are murder-holes and arrow loops. Sometimes the chapel was put right next to the gatehouse because if you attacked the chapel you were believed to be attacking god. The portcullis is a wooden gate with metal spikes at the bottom That was hung from the gatehouse ceiling. When under attack guards would rapidly drop the door, impaling the attackers with the metal spikes. ......

Words: 728 - Pages: 3

Premium Essay

Castle Rock

...to stand out. The one thing that all of the hotels have in common is their pursuit for having the best customer service, food, and a comfortable stay. What makes hotels stand out beyond that is their concepts and theme. In this business proposal, Castle Rock introduces a new theme that incorporates the medieval times. The hotel will be decorated just like a castle with decorated knights standing in the doorway and a gated entrance. There will be a jousting tournament show at nights that will be the featured entertainment. The food is catered towards medieval times as well with chicken legs, mash potatoes, beer, wine and more. Castle Rock hopes to bring more tourism and employment into Portland, Oregon. It will be a full service hotel with all the amenities. The food and beverage will be locally source helping small businesses as well. This will be a strategic move for advertising, as people will tell their network about Castle Rock. There will also be an option for employees to volunteer at local organizations such as the food bank and the homeless shelter to give back to the community. As a new hotel is being proposed, this comes with many opportunities and also threats. The opportunities are endless for building Castle Rock to be a well-known hotel chain and the possibilities of partnering with Portland, Oregon. This is the first hotel that offers such wide entertainment as this and a jousting tournament is rare these days with not a lot of competitors. There......

Words: 6382 - Pages: 26

Free Essay

How Much Did Castles Change in the Middle Ages and Why

...Introduction Castles first came to England in 1066 when William, Duke of Normandy, won the battle of Hastings. The Normans needed castles because they had taken control of England by force and were hated by many English people. The Normans had to protect themselves from English rebellions and they needed to keep power over and show strength to the English people. William made sure that castles were built all over England in major towns. The first castles were built very quickly and were very simple, but during the reign of William and throughout the rest of the Middle Ages (1066-1500) the design of castles changed. In this essay I will talk about how much castles changed during the Middle Ages and the reasons for this. Motte & Bailey Castles (1066 – 1078) The first castles to be built in England by the Normans were called Motte & Bailey castles. They had: • The Keep – a wooden tower used when under attack and for soldiers to keep lookout. • A Motte - a large mound of earth that the Keep was built on. • A Bailey – a large yard that sat next to the Motte, attached to the Motte by a wooden bridge. • A Palisade – a wooden fence all around the Bailey with a ditch around the outside. • Wooden gateway - the entrance to the castle with a wooden bridge over the ditch. Norman soldiers lived in wooden buildings in the Bailey. Motte & Bailey castles were made of earth and wood, which was easy to find, and they could be built really quickly, in 7-21 days. The......

Words: 1596 - Pages: 7

Premium Essay

Castle Restaurant

...Castle Business Plan Castle’s Family Restaurant Business Plan: Stage III Susanna Vilim DeVry University HRM-340 1 Castle Business Plan Table of Contents Item Table of Contents Executive Summary Introduction Page # 2 3- 4 5 Company Review 6- 7 Business Analysis 8 - 11 HRIS Type/Comparison 12 - 14 HRIS Recommendation 15 - 17 Conclusion 18 Bibliography 19 2 Castle Business Plan Executive Summary Castle’s Family Restaurant being the successful family owned chain of restaurants completing in a dynamic yet economically challenged environment is to be commended. To continue to achieve the strategic business objectives of living out the corporate mission and expanding the current chain, the business plan set forth in detail will address current challenges being faced in payroll processes and the recommendations in addressing each of these needs so that the organization can meet and exceed current and future goals. Jay Morgan, operations manager, currently carries the responsibilities associated with payroll activities. Payroll processes are vital to the organization and the risks associated with implementing these activities are high. Implementing an automated Human Resource Information System (HRIS) will mitigate these risks and in turn will be beneficial to current and future objectives in growing the organization. Currently Castles utilize Compeat to address other aspects of the business;......

Words: 3393 - Pages: 14

Free Essay

Doctrine

...LII. An Essay towards solving a Problem in the Doctrine of Chances. By the late Rev. Mr. Bayes, communicated by Mr. Price, in a letter to John Canton, M. A. and F. R. S. Dear Sir, Read Dec. 23, 1763. I now send you an essay which I have found among the papers of our deceased friend Mr. Bayes, and which, in my opinion, has great merit, and well deserves to be preserved. Experimental philosophy, you will find, is nearly interested in the subject of it; and on this account there seems to be particular reason for thinking that a communication of it to the Royal Society cannot be improper. He had, you know, the honour of being a member of that illustrious Society, and was much esteemed by many as a very able mathematician. In an introduction which he has writ to this Essay, he says, that his design at first in thinking on the subject of it was, to find out a method by which we might judge concerning the probability that an event has to happen, in given circumstances, upon supposition that we know nothing concerning it but that, under the same circumstances, it has happened a certain number of times, and failed a certain other number of times. He adds, that he soon perceived that it would not be very difficult to do this, provided some rule could be found, according to which we ought to estimate the chance that the probability for the happening of an event perfectly unknown, should lie between any two named degrees of probability, antecedently to any experiments made about it; and......

Words: 14334 - Pages: 58

Free Essay

Doctrine

...UNIVERSITATEA “DUNĂREA DE JOS”, GALAȚI FACULTATEA DE ECONOMIE ȘI ADMINISTRAREA AFACERILOR SPECIALIZAREA: AFACERI INTERNAȚIONALE REFERAT LA DISCIPLINA „DOCTRINE ECONOMICE CONTEMPORANE” tEMĂ: Modelul economic creat de J. M. Keynes pentru explicarea dezechilibrelor din economia de piață contemporană tEMĂ: Modelul economic creat de J. M. Keynes pentru explicarea dezechilibrelor din economia de piață contemporană Cadru didactic coordonator: Lect. dr. Ludmila Daniela MANEA Student: Genoveva Virginia GROSU Anul III 2015 Cuprins Introducere 2 1. Modelul economic creat de J.M. Keynes 3 1.1. Caracteristicile modelului creat de Keynes 3 2. Componentele definitorii ale modelului economico-matematic al lui J. M. Keynes 4 2.1. Variabilele 4 2.1.1. Variabilele endogene 4 2.1.2. Variabile exogene 5 2.2. Relațiile dintre variabile 7 2.3. Parametrul, “multiplicatorul investițonal” (K) 8 Bibliografie 10 Introducere De-a lungul evoluţiei sale istorice, ştiinţa a căutat să analizeze fenomenele complexe cu ajutorul modelelor abstracte. Natura umană şi variaţia relaţiilor care se stabilesc într-o societate formează un câmp de cercetare întins şi pasionant, propice declanşării unor multiple controverse. Utilizarea matematicii pentru rezolvarea unor probleme economice suscită reticenţe profunde şi nejustificate. Mulţi teoreticieni sau practicieni economişti ignoră noile descoperiri din teoria matematică care le-ar putea fi utile. Pe de......

Words: 3065 - Pages: 13

Mary Poppins Returns | Youkai Shoujo - Monsuga - Raw Chap 70 | Oper / Operette