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Self-Defense (Use of Force)
Copyright, 2000 Charles L. Feer
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Use of Deadly Force To repel an attack which creates an imminent danger that a violent felony is about to be committed upon the victim.
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Use of Non-Deadly Force
May use non-lethal force to repel an unlawful attack. Threat must be immediate. Force must not be excessive. “Only that amount of force necessary to overcome resistance.”
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Defense of Others One may use force to defend another from an attack.
Same principals as for self - defense.
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Imperfect Self-Defense
One who kills another Because of honest but unreasonable belief The other threatens serious bodily injury, or Commission of a forcible and atrocious crime. Negates “malice aforethought”
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Defense of Property May use force to defend real and personal property. Reasonable Force May not use deadly force to protect property. Except: Defense of Habitation Deadly devices are prohibited. Non-deadly devices allowed.
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Prevent Crime Apprehend Criminals
Deadly force may be used to stop an attempt to murder or inflict great bodily injury. Non-deadly force may be used to stop a misdemeanor. Peace Officers may use force to make an arrest / prevent escape.
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