General Categories > Laws and Legislation
Castle Doctrine and Stand Your Ground in Nebraska
depserv:
I have to admit to some ignorance about our state laws, and hopefully I can get some answers here. It's my understanding that Nebraska does not have a Castle Doctrine or Stand Your Ground law; am I right about this?
If I am, I assume it means that in this state if someone breaks into your house you are required to escape from your house if you can, rather than using lethal force (or presumably any force) to resist his aggression.
Likewise, if you defend yourself outside your home, to make a case for self defense you have to prove that you could not have run away instead. This means I assume that once someone acts like he might commit some kind of aggression you need to run away at that point, because if you don't, and then he assaults you, and you defend yourself, you are likely to be charged for not running away when you had the chance. I'm sure there are gray areas, and that's where huge legal fees come into play...
Am I correct in these assumptions about how the law works in this state? I run across a lot of people here who don't know that the law here requires them to run away from aggression, even in their own home. If the truth about these things was commonly known, I think Castle Doctrine and Stand Your Ground would have much more public support.
bullit:
Ref to NE statutes 28-1406-28-1416
Also take this class
Saturday
January 25th, 2014
8:30a-1:00p
LEGAL ASPECTS OF LETHAL FORCE CLASS
In this class we review actual Nebraska self defense cases, Calling 911, Talking to the Police, Hiring an Attorney, Aftermath of a Self Defense Shooting, Castle Doctrine, Stand your Ground, and take an in depth look at Nebraska's Use of Force Laws.
This class taught by Chris Zeeb.
For a registration form contact:
Chris Zeeb
chris@neccwtraining.com
(402) 404-5625
Gretna, NE
I-80 exit
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Credit card payments optional
RLMoeller:
The class referenced above is Highly recommended.
NE Bull:
Yes, that course will answer a lot of Questions.
In short- our version of Castle Doctrine states you do NOT have to retreat from you home, BUT you do need to make sure the perp is there to cause you or yours death or severe bodily harm ( So it's best to ask their intentions first- no just blastin' thru the front door with your Joe Biden special shotgun.)
AAllen:
--- Quote from: NE Bull on December 17, 2013, 01:21:18 PM ---Yes, that course will answer a lot of Questions.
In short- our version of Castle Doctrine states you do NOT have to retreat from you home, BUT you do need to make sure the perp is there to cause you or yours death or severe bodily harm ( So it's best to ask their intentions first- no just blastin' thru the front door with your Joe Biden special shotgun.)
--- End quote ---
Castle Doctrine - there is no requirement to retreat from someone who breaks into your home which a reasonable person would fear is there to kill, rape, kidnap, or do other severe bodily harm. There has never been a requirement in Nebraska to retreat or attempt to retreat from your home. We have the Castle Doctrine.
Stand Your Ground - in Nebraska you are required to retreat "If" you know or a reasonable person would have or should have known they could have retreated in "complete safety." Again the various harms come into play before you can defend yourself etc. But this is where things get more dicey here than lots of other places. In most places that have passed SYG legislation they had a requirement to retreat, that known to be safe stuff becomes a kicker. Along with that there is no proof that anyone has even been charged that this would have pertained to... Makes for a hard case to sell.
I'm not saying our Self Defense laws can not be improved obviously they can or we would not be having this discussion. In many states your car, front porch, garage (unconnected) or fenced in yard is considered part of your home; in Nebraska they are not making the possible retreat provision apply here.
There are many more questions, like who is the reasonable man and where does he come into play because he is not in the law, this is a requirement added by the Nebraska Supreme Court. I am certain we could come up with many more but the problem keeps coming down to nobody who should not have has been charged or convicted (that we have been able to track or find) of a crime where any of these self defense claims could have been used have ever happened in Nebraska.
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