The idea that a person’s home is her castle dates back to at least the seventeenth century in England. This idea can be seen today in a plethora of places throughout American Law, including Fourth Amendment jurisprudence. Part of North Carolina’s self-defense law has been deemed a “castle doctrine,” yet courts have applied its protections inconsistently at best. As it now stands, the North Carolina castle doctrine does not truly afford a homeowner the ability to defend her home from an unlawful intruder. A potential criminal prosecution is the last thing that a homeowner should have to worry about when defending her home from an invasion. This Comment explores the history of the castle doctrine in general, in North Carolina, and in Florida, and offers solutions in the form of amendments to North Carolina General Statutes sections 14-51.2 and 14-51.3.
Lawrence D. Graham Jr., Protecting the Home: Castle Doctrine in North Carolina, 43 Campbell L. Rev. 137 (2021).