Racial Bias

Conflicting Rights in the Castle Doctrine by Matthew Benner

I. Introduction “I’ve got a shotgun; do you want me to stop them?”[2] The words are those of Joe Horn, a Texas resident who called 911 after witnessing a robbery next door.[3] Moments later, he decided to act and went outside and shot both Hispanic robbers dead.[4] Horn was later brought before a Texas grand jury but was not indicted.[5] His actions made national headlines and reignited debates over self-defense and race relations.[6] As a result of the incident, he became a polarizing figure.  Some believe he is a hero—a community member who stood up to crime.[7] Others believe he is a criminal, and wonder whether he would have tried to stop the robbery or used deadly force if the burglars had been white.[8] Recent expansions of the Castle Doctrine, which gives individuals the right to use deadly force on their property against an intruder regardless of reasonableness and the duty to retreat,[9] may have disturbing consequences for certain minority groups.  This is because there is evidence that the average American is more likely to consider the use of deadly force appropriate when faced with an African-American assailant.[10] II. The Castle Doctrine Castle Doctrine laws create a rebuttable presumption that [read more]