Are Arkansas Citizens Protected From Prosecution When Compelled To Use Lethal Force to Defend Life or Property?

In “Letters” to the Editor a recent citizen of Arkansas opined current Arkansas laws 5-2-607/620 are sufficient and Arkansas “citizen defenders” require no further “Castle Defense” legislation. Reading his references, there may be some holes in Arkansas law that would need bolstering if Arkansas is to provide full “Castle Law” protection to “citizen defenders”. As a minimum the below would seem to be real concerns and issues facing a “citizen defender” in Arkansas. This increases in importance if Governor Beebe is successful in his proposal to release current and future ‘non-violent’ criminals from incarceration.

Use of Deadly Force Issues NOT clearly provided by Arkansas Law:

1.         Doesn’t specifically protect prior to forced entry into home:

For example N.C. law states: “against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful…”

  2.           Doesn’t provide for protection of property as a cause.

Again N. C. law: “or if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

3.         Removes obligation to retreat ONLY when in person’s dwelling or on ‘curtilage’. 

Doesn’t clearly state if  “Defender” can use deadly force anywhere on own property, because term curtilage historically associated with fenced enclosures and Ark law states “outbuilding directly or intimately connected with the dwelling or in close proximity to”.

4.         Doesn’t protect “defender” at place of business or in one’s car from obligation of ‘retreating’.

5.         There is no protection against subsequent civil lawsuits when deadly force was justified.

6.         Doesn’t specifically address “Stand your Ground” issue of being under assault or threat away from your home since requires obligation to retreat, even if faced with gun or otherwise armed or menacing intimidator.

7.         Law enforcement not required to have probable cause before arresting “defender”; can just handcuff and haul the citizen defender off to jail and sort it all out later, at citizen defender’s expense.