Home     Employment     Members Only Login     Listserv     Contact Us     
 
Association for Prosecuting Attorneys, Prosecutors, District Attorney and National District Attorney
 APA Overview       Programs       Events       Press Room       Resources       Become a Member       Donate 
 In The News
  Posted on: Friday, May 18, 2012
Texas Prosecutor Opposes State's Castle Doctrine
Texas' "Castle Doctrine" allows residents to use deadly force to protect themselves from attackers in the home, with no duty to retreat. But a top prosecutor in Bexar County opposes the doctrine and said it makes prosecution difficult. "When we take away the duty to retreat, we make it a situation that encourages violence, not discourages it," First Assistant District Attorney Cliff Herberg said Thursday night at a forum. Herberg said Gov. Rick Perry explained it best in a conversation several years ago when he called it "a solution without a problem." When such laws were passed, their proponents could not demonstrate a single case where the wrong person had been prosecuted, Herberg said. In Florida, where Trayvon Martin was recently shot to death, the Stand Your Ground law also does not include a duty to retreat. As it stands in Texas, the doctrine protects people who use force in their homes, along with vehicles, workplaces or any place where a crime could occur. But Albert Kauffman, an associate professor of law, said a Houston legislator might introduce a bill to limit the doctrine's protection to the home.
Post a comment

Name/Nickname:
(required)

Email Address: (must be a valid address)
(will not be published or shared)

Comments: (plain text only)

 
Recent Articles:
12/8/14   Does $350M case at trial against Apple have a lead plaintiff? Judge hasn't yet ruled
12/5/14   Los Angeles City Attorney Mike Feurer Needs More Staff For New Prop 47 Misdemeanors
12/4/14   Manhattan District Attorney Cy Vance's Moneyball Approach To Crime
12/3/14   Lowndes County Georgia District Attorney Working To Make Holidays Happier For Local Foster Children
12/2/14   San Luis Obispo California District Attorney Opposes Fresno Murderer's Release
Search Archives:
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed

 

Legal Disclaimer | Notice of Federal Funding and Federal Disclaimer