Texas-Book-Gun Law Armed And Educated - Flipbook - Page 178
PRACTICAL LEGAL TIP
and on the witness stand. Once a defendant takes the witness stand,
however, that defendant will be subject to examination by not
only his attorney, but also by the state, an examination which may
ultimately contain evidence that sways a jury away from seriously
considering acquittal on self-defense grounds.
My experience in over 25 years as
a trial lawyer is that many people
serving on juries tend to ignore the
principle of “innocent until proven
guilty.” Even though every person has
a Constitutional right to not testify
against themselves, not doing so can
cloud a juror’s mind so as to make the
notion of “innocent until proven guilty”
be viewed with skepticism. —Edwin
E. The “Castle Doctrine” and “Stand Your Ground” laws
1. The “Castle Doctrine”
The term “Castle Doctrine” does not appear in Texas statutory law.
However, the legal concept comes from the philosophy that every
person is a king or queen of his or her “castle.” As such, no king
or queen is required to retreat before using force or deadly force
against an intruder in their castle. In Texas, the “Castle Doctrine”
type laws are implemented under Sections 9.31 and 9.32 of the
Texas Penal Code and take the form of powerful presumptions of
reasonableness similar to those provided for the six violent crimes in
these two sections. Texas “Castle Doctrine” laws extend to a person’s
occupied habitation, occupied vehicle, or occupied place of business
or employment.
When Can I Legally Use My Gun: Part II | 167
