NH Law About ...: Castle Doctrine: Read About The Law ...

ASK A LIBRARIAN / PHONE: 603-271-3777 / WEBSITE

SEARCH THE CATALOG / NEW BOOKS

Open to the public Monday through Friday, 8:30 a.m. to 4:30 p.m.

Free access to Westlaw, Lexis Advance, and HeinOnline

Read About The Law ...

Online

The New Hampshire law relating to people defending themselves while in their homes, sometimes called the "castle doctrine", is found in RSA 627. This is a criminal statute titled “Justification” and relates to the appropriate use of self-defense in a variety of situations. Specifically, RSA 627:7 covers defending one’s home or premises, i.e. the castle doctrine. Castle doctrine laws are related to, but are not the same as, stand-your-ground laws. Read "The Castle Doctrine and Stand-Your-Ground Law" for an explanation of the difference.

New Hampshire. Dept. of Justice. Law Enforcement Manual. 2020
Chapter 4, section C discusses the right of civilians to use deadly force.
The Castle Doctrine and Stand-Your-Ground Law. Connecticut Office of Legislative Research. 2012
"The Castle Doctrine and 'stand-your-ground' laws are affirmative defenses for individuals charged with criminal homicide. The Castle Doctrine is a common law doctrine stating that an individual has no duty to retreat when in his or her home, or 'castle,' and may use reasonable force, including deadly force, to defend his or her property, person, or another."
FindLaw. What is an Affirmative Defense?
"An affirmative defense is a justification for the defendant having committed the accused crime. It differs from other defenses because the defendant admits that he did, in fact, break the law. He is simply arguing that he has a good reason for having done so, and therefore should be excused from all criminal liability."
NCSL. Self Defense and "Stand Your Ground"
"The common law principle of castle doctrine says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures."

Print

Personal Injury, Tort, and Insurance Practice by Richard B. McNamara
Call Number: KFN1280 .N48 v.8-9. 2015
Publication Date: 2015
See §3.14. "RSA 627 broadly defines the various circumstances under which physical force may be used. The statute defines the rights of those engaged in public duty, and defines the circumstances under which physical force may be used in defense of a person, The statute also defines the circumstances under which physical force in law enforcement and force by merchants may be used. The statute authorizes force in some circumstances by persons with special responsibilities, such as teachers, those having care of minors or incompetents, and physicians. The Court has stated that the statute essentially provides the defense of official immunity for police officers.The statute also provides a competing harms defense."
Mastering Criminal Law by Ellen S. Podgor; Peter J. Henning; Neil P. Cohen
Call Number: KF9219 .P63 2015
ISBN: 9781611635492
Publication Date: 2015
See Chapter 17, Defenses in General, Alibi, and Entrapment. "Each defense represents a policy decision that the criminal law should not hold a person liable for one or more crimes in certain circumstances. ... The common law divided defenses into two categories: justifications and excuses. Both justifications and excuses involve conduct normally subject to the criminal laws, but permit an exoneration of the accused because of policy reasons reflecting the theoretical underpinning of the criminal law."
Substantive Criminal Law. by Wayne R. LaFave.
Call Number: KF9219 .L386 2017
ISBN: 9781539229599
Publication Date: 2017
See § 10.6, Defense of Property.
Understanding Criminal Law by Joshua Dressler
ISBN: 9781531007911
Publication Date: 2018
See §20.03, Defense of Habitation.

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.