Have you actually read "Our" laws? I assume not, from your post. Also this very topic comes up about every other month it seems. The reason that we don't have a "Castle Doctrine", is we don't need one because of how "Our" use of force laws are written. Simply put, if I am in a situtation where I am confronted by a individual committing a forcible felony, I can use force to prevent harm to myself or a third party. There is
no duty to retreat. If the individual has entered my home in a tumultuous (i.e. violent/aggressive, such as breaking a window or kicking in the door etc) manner, once again I can use force.
(720 ILCS 5/2-8) (from Ch. 38, par. 2-8)
Sec. 2-8. "
Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.
(720 ILCS 5/7-1) Sec. 7-1. Use of force in defense of person.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(720 ILCS 5/7-2) Sec. 7-2. Use of force in defense of dwelling.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(a) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(B ) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.
(720 ILCS 5/7-3) Sec. 7-3. Use of force in defense of other property.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
(720 ILCS 5/7-8) Sec. 7-8. Force likely to cause death or great bodily harm.
(a) Force which is likely to cause death or great bodily harm, within the meaning of Sections 7-5 and 7-6 includes:
(1) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and
(2) The firing of a firearm at a vehicle in which the person to be arrested is riding.
(B ) A peace officer's discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm within the meaning of Sections 7-5 and 7-6.
Edited by es503IL, 13 March 2012 - 02:24 PM.