Indiana’s Stand Your Ground Law: (Far) Beyond the Castle Doctrine
In American criminal law, it’s well-established that force, including deadly force, is permitted only in cases of self-defense. Historically, a person had a duty to retreat, if it could be done safely, rather than using force; failure to retreat meant that self-defense was not justified.
In the 1980s, American states began to adopt the “castle doctrine,” an English common law concept that permits a person to use force (including deadly force) to defend themselves in their own home, and they have no duty to retreat there, even if it could be done safely. In 2005, states began to expand the castle doctrine in what became “stand your ground” laws. These laws allow a person to use force, including deadly force, without a duty to retreat, in places beyond their home, such as vehicles, workplaces, and, depending on the state, other public spaces.
Indiana, like the majority of states, has expanded the castle doctrine into a stand-your-ground law. However, Indiana is one of a much smaller number of states whose stand-your-ground laws provide increased protections beyond other states’ laws and far beyond castle doctrine law.
Self-Defense: General Requirements
Self-defense is an “affirmative defense.” This means the defendant admits to having used force and is claiming self-defense to justify their conduct. To succeed on a self-defense claim, a defendant must prove (1) they acted in self-defense as opposed to initiating the violence, (2) they had a reasonable belief that they were being threatened with (3) imminent serious bodily harm, and (4) the force they used was proportionate to the force threatened against them.
Let's define the terminology used in those four points:
Self-defense: The defendant didn’t initiate the altercation but only used force after the other person initiated it.
Reasonable belief: The defendant truly believed they could’ve been seriously harmed and a reasonable person in their situation would have believed so, too. Whether the defendant’s belief was reasonable will depend on the relative sizes (and weapons, if any) of the defendant and their assailant, among other things.
Imminent: The defendant believed serious bodily harm was about to happen to them. If someone makes a threat of force but then turns and runs away, the threat is no longer about to happen.
Proportionate: The response may not be greater than the threat posed. If someone raised their fists and the defendant’s response was to shoot, there would not be a justifiable claim of self-defense. The amount of force permitted — and the circumstances in which each level of force is allowed — varies state by state.
Duty to Retreat
In the very small minority of states with a “duty to retreat” law, someone who uses force to defend themselves may not claim self-defense unless they first attempt to de-escalate the situation by retreating — as long as that can be done safely. Under the castle doctrine, an exception to the duty to retreat applies when a person is confronted in their own home. Only a dozen states, including New York, remain “duty to retreat” states.
The Castle Doctrine
The castle doctrine dates back hundreds of years to English common law, and it is based on the notion that “a person’s house is their castle” and no one should be made to feel unsafe in their own home. By eliminating the duty to retreat, the doctrine permits a person to use force (including deadly force) against a home invader, even if a safe retreat was possible and even if the use of force wasn’t necessary to stop the invasion. To successfully use the castle doctrine, the defendant must meet the other self-defense conditions set above.
Stand Your Ground Laws: An Expansion of the Castle Doctrine
Stand-your-ground laws expand the castle doctrine, allowing people to defend themselves not only in their own homes but also in any place they have a legal right to be, which generally includes their vehicles and workplaces. This means a person may use force (including deadly force) to defend themselves in their vehicle, their workplace, and (depending on the state) other public places, such as malls, parking lots, and streets — all without any duty to retreat. The amount of force permitted and the circumstances in which a given level of force is allowed are governed by the respective state’s stand-your-ground law.
Standing Your Ground in Indiana
Indiana’s stand-your-ground law provides that a person (1) is justified in using deadly force against someone (including a law enforcement officer) and (2) has no duty to retreat if the person has a reasonable belief that force is required in order to prevent any of the following:
Serious bodily injury to the defendant or a third person;
The commission of a forcible felony (one that involves the threat of force or involves risk of bodily injury);
The unlawful entry of the defendant’s home or curtilage (the area around their home) or their (occupied) vehicle;
Trespass or unlawful interference with property in the lawful possession of the defendant, a member of their immediate family, or a person whose property the defendant is authorized to protect (i.e., an employer protecting their employees); or
The hijacking (or threat of hijacking) of an airplane on the ground in Indiana or Indiana airspace.
Indiana Stand Your Ground Law: Requirements
To successfully use the law as a defense, a defendant must meet the self-defense requirements stated above. In addition, they must show they had a legal right to be in the place where they used the force. In the case of force against a police officer, the defendant must also prove several other requirements are met, including the following:
The defendant was not committing or escaping a crime;
The defendant did not provoke the police officer;
The defendant was not in combat with the police officer; and
The defendant must have been unaware it was a police officer, or (if they knew) they must have reasonably believed the police officer was acting unlawfully.
Civil Immunity
The Indiana Code also provides civil immunity for someone who uses justifiable self-defense. This means a defendant who harms or kills a person in self-defense not only will not be found guilty of a crime but will also escape civil liability in a civil case brought by the injured person or their family.
Self-Defense Laws: A Relevant Topic for Both Criminal and Civil
Future criminal lawyers, on both the defense and prosecution sides, should be aware of the conditions and circumstances that do and don’t justify self-defense in a criminal case. Members of the civil bar should be equally aware because, in some states, a defendant’s successful use of the law in criminal court could result in their immunity from civil liability in any related civil action.
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