PENNSYLVANIA, USA — When it comes to the Castle Doctrine in Pennsylvania, Bernie Brown, a criminal defense trial attorney out of Carbondale, says it's something that's been used since the state was founded.
"It was brought over into the colonies as Pennsylvania was being established and moving out from Philadelphia essentially out to the Susquehanna Valley River," said Bernie Brown, criminal defense trial attorney.
Brown says the Castle Doctrine was originally put in place to protect people's homes and the families inside from trespassers, "Because of the property, that's how you gained wealth, that you were allowed to defend yourself there."
Back then, the laws cloudy rules led to many people misusing it.
"Obviously, the abuse of that over time in different scenarios, I think, led to there being a lot more restrictive measures for defense attorneys to be able to put forth a defense like that," said Brown.
Brown says this led to the Castle Doctrine being used sparingly.
That was until 2011 when Pennsylvania reintroduced the doctrine so that, according to Brown, victims did not need to show signs of retreating which was needed previously to justify defending themselves with deadly force.
"Since that law changed, it has become more available for defendants in situations where they feel threatened in their house," added Brown.
Now, Brown says a good defense based around the Castle Doctrine can solely win a case, "If we prove that by a preponderance of the evidence and the government can't rule it out beyond a reasonable doubt, we win the case."
The most recent case we've seen rely on the Castle Doctrine was that of Randy Halterman of Stroud Township.
Back in January 2021, Halterman shot two people, killing one after they entered his home.
He was found not guilty by a Monroe County jury in September of 2022.
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