Aim: When may force be used against a perpetrator?

Article 35.00–35.30 Justification Justification: Legally speaking, is a defense to an offense. A defense is when someone admits to committing an offense but at the same time states that he committed it under circumstances which justified his actions. Justification: Legally speaking, is a defense to an offense. A defense is when someone admits to committing an offense but at the same time states that he committed it under circumstances which justified his actions. If the special circumstances are proven then the person would be found to be legally justified in committing the offense. If the special circumstances are proven then the person would be found to be legally justified in committing the offense.

Article 35 Definitions 1. Physical Force- Is that type of force not amounting to deadly physical force; generally a punch, kick, or push. 2. Deadly Physical Force- Means physical force which under the circumstances in which it is used is readily capable of causing death or other serious physical injury; shooting, stabbing, striking with a weapon.

3. Building- Any structure, vehicle, or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein or an enclosed motor truck, or an enclosed truck trailer. 4. Dwelling- Means a building which is usually occupied by a person lodging therein at night 5. Person Licensed or Privileged- Someone who is authorized to be in a building or upon a premises.

Necessary Before using force against another person, you must ask yourself; “Is the force I am about to use necessary to accomplish a lawful goal?”. The question MUST be answered YES before you can use any kind of force against another person. The question MUST be answered YES before you can use any kind of force against another person. If the answer is NO then force, physical or deadly is not justified. If the answer is NO then force, physical or deadly is not justified. The fact that the law states that deadly physical force may be used does not mean you have to use it.

Two Stages of Use of Force 1. Prevent or Terminate Stage 2. Arrest or Escape from Custody Stage In the Prevent or Terminate Stage, a person uses force to either prevent an unlawful act from being committed, or he uses force to stop an unlawful act while it is going on. In the Prevent or Terminate Stage, a person uses force to either prevent an unlawful act from being committed, or he uses force to stop an unlawful act while it is going on. In the Arrest or Escape from Custody Stage, a person uses force to apprehend a suspect who has already committed an unlawful act, or he uses force to prevent a suspect from escaping custody. In the Arrest or Escape from Custody Stage, a person uses force to apprehend a suspect who has already committed an unlawful act, or he uses force to prevent a suspect from escaping custody.

Using Physical Force A person can use physical force to defend the person or a third party. A person can use physical force to defend the person or a third party. This means that if someone is using physical force against you or someone else, you can use physical force to defend yourself or any other person being attacked. This means that if someone is using physical force against you or someone else, you can use physical force to defend yourself or any other person being attacked.

You MAY NOT use physical force if- 1. You provoked the other person into using physical force with intent to injure him or any other person. 2. You started the fight. 3. You have an agreement or understanding with someone to fight unlawfully.

Use of Physical Force in Defense of Real Property Real Property includes a house or fence enclosed property. 1. A person has reasonable cause to believe that the use of physical force is necessary to prevent or terminate another person from committing or attempting to commit a crime involving damage to premises. The right to use physical force in these cases applies to anybody, not just the owner of the property. Example- _________ sees a man breaking the windows of his neighbors house with a baseball bat. ________ would be justified in using physical force to stop the crime.

2. A person has reasonable cause to believe that the use of physical force is necessary to prevent or terminate a criminal trespass or an attempted criminal trespass on premises. However, the right to use physical force under these circumstances applies only to the owner of the property or someone in possession or control, or otherwise licensed or privileged to be therein. Example: ________ renting a piece of property sees _________ enter the fenced property, he would be justified to terminate the criminal trespass

Use of Physical Force in Defense of Personal Property Any person may use physical force to prevent or terminate another from committing or attempting to commit what he reasonably believes to be a larceny or criminal mischief to anyone’s personal property. Examples of personal property; television, car, jewelry, etc. Any person may use physical force to prevent or terminate another from committing or attempting to commit what he reasonably believes to be a larceny or criminal mischief to anyone’s personal property. Examples of personal property; television, car, jewelry, etc. Example: _______ comes home from work. After going inside he looked out his window and sees a man trying to steal his neighbors car. If ________ runs outside to prevent or terminate the car theft by using physical force, he would be justified.

Use of Physical Force- Making an Arrest The word arrest includes preventing an escape from custody. A civilian is justified in using physical force: 1. To arrest another person when he has reasonable cause to believe such other person committed an offense and who IN FACT committed such offense. 2. To arrest another person when directed to do so by a police officer or peace officer.

Use of Deadly Physical Force Use of deadly physical force in defense of self or another. Use of deadly physical force in defense of self or another. You may IF NECESSARY use deadly physical force against another when you reasonably believe that the other person is using or is about to use deadly physical force against you or a third person. You may IF NECESSARY use deadly physical force against another when you reasonably believe that the other person is using or is about to use deadly physical force against you or a third person. Even though you may ordinarily be justified in using deadly physical force in such situations you would not be justified if you could with COMPLETE SAFETY to yourself or others RETREAT from the situation. Even though you may ordinarily be justified in using deadly physical force in such situations you would not be justified if you could with COMPLETE SAFETY to yourself or others RETREAT from the situation.

However, you are NOT obligated to retreat if: However, you are NOT obligated to retreat if: You are in your DWELLING and DID NOT START the fight You are in your DWELLING and DID NOT START the fightOR You are acting at the direction of a police officer or peace officer You are acting at the direction of a police officer or peace officer

Use of Deadly Physical Force in the Prevent/Terminate Stage 1. If you reasonably believe that a person is committing or attempting to commit one of the following crimes; you may use deadly physical force IF NECESSARY TO PREVENT OR TERMINATE them: Kidnapping Kidnapping Forcible Rape Forcible Rape Forcible Sodomy Forcible Sodomy Robbery Robbery Arson Arson

2. A person who is in possession or control of, or privileged to be in a DWELLING or an OCCUPIED BUILDING, may if NECESSARY use deadly physical force to PREVENT or TERMINATE the commission or attempted commission of a burglary in such premises. A passerby WOULD NOT be permitted to use deadly physical force in such a situation because he is not the owner of the premises nor is he licensed or privileged to be there. 3. Deadly physical force may NEVER be used to PREVENT or TERMINATE a larceny or criminal trespass.

Use of Deadly Physical Force Making an Arrest A citizen may use deadly physical force IF NECESSARY to Arrest a person who has IN FACT COMMITTED: M= Murder R= Robbery & M= Manslaughter R= Forcible Rape S= Forcible Sodomy & & Is in IMMEDIATE FLIGHT therefrom Is in IMMEDIATE FLIGHT therefrom In order to use deadly physical force to arrest a person you must have both MR & MRS and in IMMEDIATE FLIGHT to be justified.