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Warrington v. State2/13/2003
ctrine can be found in State v. Talley : "As every man's dwelling house is also his castle of defense, in the eye of the law, he need not retreat at all (he being, in contemplation of law, in the same situation as one attacked elsewhere than in his own house who has retreated until he can do so no further, by reason of a wall or other obstruction that prevents him), but may slay his adversary thus attacking him."
In Delaware, the added protection granted to the occupant of a dwelling is not absolute. The statute provides a defense only in three circumstances: when the occupant 1) encounters the intruder suddenly and must act "instantly;" 2) reasonably believes that the intruder will inflict injury ; or 3) demands that the intruder disarm or surrender and the intruder refuses. These three circumstances share a common element -- the occupant is being placed in immediate peril. The plain meaning of this immediacy requirement is that the statute only affords protection if the occupant is confronted with one of the three circumstances at the time the occupant uses deadly force on the intruder.
Nothing in the statutory language or Delaware case law supports defendants' contention that what begins as self-defense can be turned into a license to kill. Defendants rely on several extremely broad self-defense within a dwelling statutes from other jurisdictions in arguing their position. For example, the California statute provides: " ny person using force intended or likely to cause death... within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury ... when that force is used...." Colorado's so-called "make my day" statute provides the occupant of a dwelling immunity from prosecution:
ny occupant of a dwelling is justified in using...deadly force against another person when that other person has made an unlawful entry into the dwelling and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
Delaware's statute, however, is not comparable to either of these statutes. Moreover, defendants have failed to identify any jurisdiction, including California and Colorado, where an occupant of a dwelling is justified in using deadly force after the intruder has been totally subdued.
Conclusion
Based on the foregoing, we conclude that the "added" jury instruction explaining the limitation on the defense of self-defense within a dwelling correctly stated the law. Accordingly, the judgments of the Superior Court are hereby AFFIRMED.
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