# Has there ever been a court ruling like this?

**URL:** <https://boards.straightdope.com/t/has-there-ever-been-a-court-ruling-like-this/95001>\
**Category:** Factual Questions\
**Created:** [November 24, 2001, 5:54am UTC](https://boards.straightdope.com/t/has-there-ever-been-a-court-ruling-like-this/95001 "2001-11-24T05:54:25Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Truth\_Seeker](https://avatars.discourse-cdn.com/v4/letter/t/5fc32e/32.png) [@Truth\_Seeker](https://boards.straightdope.com/u/Truth_Seeker)\
**Post date:** [December 1, 2001, 11:30pm UTC](https://boards.straightdope.com/t/has-there-ever-been-a-court-ruling-like-this/95001/21 "2001-12-01T23:30:17Z")

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Sorry **Tedster** , but in California, at least, you’re certainly not required to “leave your home.” You’re probably thinking of something called the “retreat rule” which was a common law rule describing when it was acceptable to use deadly force in self defense. I don’t believe any state impose a duty to retreat when you are inside your home.

It’s been codified in California in Penal Code 198.5 as **Might Maximo** pointed out. Statutes aren’t the easiest thing to parse so I’ll highlight the relevant sections.

**Any person using force** intended or likely to cause death or great bodily injury **within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury** to self, family, or a member of the household **when that force is used against another person** , not a member of the family or household, **who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence**. . .

Translation: If someone breaks into your house, there is a presumption that they are going to harm you.

This law was passed back in the 80’s along with similar laws in several other states. They were commonly known as “Make My Day” laws which pretty much says it all.

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**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\
**Post date:** [December 1, 2001, 11:30pm UTC](https://boards.straightdope.com/t/has-there-ever-been-a-court-ruling-like-this/95001/22 "2001-12-01T23:30:42Z")

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But that’s not what the code, cited above by **MM** , say’s. It say’s that you can go ahead and smack the guy, even if you smack him mortally.  
Please, **Tedster** , where did you get the notion that one would have to leave his/her home to the perp?  
Sounds like UL to me.  
Peace,  
mangeorge

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**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\
**Post date:** [December 2, 2001, 1:06am UTC](https://boards.straightdope.com/t/has-there-ever-been-a-court-ruling-like-this/95001/23 "2001-12-02T01:06:28Z")

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> [@](#):
>
> \*Originally posted by mangeorge \*  
> \*\*Well said, **Houlihan.**  
> I too hear of these ridiculous lawsuits, but rarely hear of one where the plaintiff actually prevails in court. mangeorge \*\*

Exactly so. The media are quick to report such things but never follow up on the actual results. Likewise with what seem to be excessive awards for punitive damages. If they are in fact excessive they are nearly always reduced by the courts later on.

Unless you have access to everything the jury heard, it is really difficult to judge their decision.

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