Justifiable Use of Force and Home Protection
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Questions and Answers

Under what circumstances can a person use or threaten to use force against another?

  • When they reasonably believe it is necessary to defend themselves or another against imminent use of unlawful force (correct)
  • When they are in a public place and feel threatened
  • When they are involved in a criminal activity
  • When they are in a dwelling or residence and do not have a right to be there

    • When can a person use or threaten to use deadly force?

  • When they are involved in a criminal activity
  • When they are in a public place and feel threatened
  • When they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another (correct)
  • When they are in a dwelling or residence and do not have a right to be there

    • Does a person have a duty to retreat before using or threatening to use force?

  • Only in certain circumstances
  • Only when they are in a dwelling or residence
  • No, never (correct)
  • Yes, always

    • What is the right of a person who is in a dwelling or residence in which they have a right to be?

    <p>To stand their ground and use or threaten to use nondeadly force</p> Signup and view all the answers

    Under what circumstances can a person use or threaten to use deadly force in a dwelling or residence?

    <p>When they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another</p> Signup and view all the answers

    What is NOT a circumstance under which a person can use or threaten to use force?

    <p>When they are involved in a criminal activity</p> Signup and view all the answers

    What is the main difference between using or threatening to use nondeadly force and using or threatening to use deadly force?

    <p>The circumstances under which the force is used</p> Signup and view all the answers

    What is the presumption when a person is in a dwelling or residence in which they have a right to be?

    <p>That they are in fear of death or great bodily harm</p> Signup and view all the answers

    Under what circumstances is a person presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another?

    <p>When the person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.</p> Signup and view all the answers

    What is not a condition that would negate the presumption of reasonable fear of imminent peril of death or great bodily harm?

    <p>The person who uses or threatens to use defensive force knows the person against whom the defensive force is used.</p> Signup and view all the answers

    What is the definition of 'residence' in the context of this statute?

    <p>A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.</p> Signup and view all the answers

    Under what circumstances is a person justified in using or threatening to use deadly force?

    <p>To prevent the imminent commission of a forcible felony.</p> Signup and view all the answers

    What is not a type of property that a person is justified in using or threatening to use force to protect?

    <p>Public property.</p> Signup and view all the answers

    When is a person not justified in using or threatening to use force?

    <p>When the person who uses or threatens to use defensive force is engaged in a criminal activity.</p> Signup and view all the answers

    What does the statute presume about a person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?

    <p>That they are doing so with the intent to commit an unlawful act involving force or violence.</p> Signup and view all the answers

    Under what circumstances does a person have a duty to retreat before using or threatening to use force?

    <p>Never, according to the statute.</p> Signup and view all the answers

    What is the definition of 'vehicle' in the context of this statute?

    <p>A conveyance of any kind that is designed to transport people or property.</p> Signup and view all the answers

    What type of force can a person use or threaten to use against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, real property other than a dwelling or personal property?

    <p>Force, except deadly force.</p> Signup and view all the answers

    When is a law enforcement officer justified in using deadly force to prevent an arrest from being defeated by flight?

    <p>If the officer reasonably believes the fleeing felon poses a threat of death or serious physical harm to the officer or others.</p> Signup and view all the answers

    What is the meaning of 'deadly force' as applied to a law enforcement officer or correctional officer?

    <p>Force that is likely to cause death or great bodily harm.</p> Signup and view all the answers

    Under what circumstances is a law enforcement officer not justified in using force to resist an arrest?

    <p>If the arrest or execution of a legal duty is unlawful and known by the officer to be unlawful.</p> Signup and view all the answers

    What is the definition of 'forcible felony'?

    <p>A felony that involves the use of force or threat of force against an individual.</p> Signup and view all the answers

    What is the justification for using force to prevent the escape of an arrested person from custody?

    <p>The officer reasonably believes the force is necessary to prevent the escape.</p> Signup and view all the answers

    What is the exception to the use of deadly force by a law enforcement officer?

    <p>The discharge of a firearm loaded with a less-lethal munition.</p> Signup and view all the answers

    When is a correctional officer justified in using deadly force?

    <p>To prevent the escape of a person from a penal institution.</p> Signup and view all the answers

    What is the defense to any action for damages for personal injury or wrongful death?

    <p>The action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony.</p> Signup and view all the answers

    What is the justification for using force to prevent the escape of a person from a penal institution?

    <p>The officer reasonably believes the force is necessary to prevent the escape.</p> Signup and view all the answers

    What is the exception to the rule that a person is not justified in the use or threatened use of force to resist an arrest?

    <p>If the officer is not known, or reasonably appears, to be a law enforcement officer.</p> Signup and view all the answers

    What is the condition for a person to have the right to stand their ground?

    <p>The person is not engaged in a criminal activity and is in a place where they have a right to be</p> Signup and view all the answers

    What is the person immune from if they use or threaten to use force as permitted in s. 776.012, s. 776.013, or s. 776.031?

    <p>Criminal prosecution and civil action</p> Signup and view all the answers

    What is the exception to the rule of immunity from criminal prosecution?

    <p>If the person against whom force was used or threatened is a law enforcement officer</p> Signup and view all the answers

    What is the condition for a law enforcement officer to use force in making an arrest?

    <p>The officer reasonably believes the force is necessary to defend himself or another from bodily harm</p> Signup and view all the answers

    What happens if a person initially provokes the use or threatened use of force against themselves?

    <p>They can use force only if they have exhausted every reasonable means to escape</p> Signup and view all the answers

    What is the burden of proof in a criminal prosecution once a prima facie claim of self-defense immunity has been raised?

    <p>Clear and convincing evidence</p> Signup and view all the answers

    What happens if a court finds that a defendant is immune from prosecution?

    <p>The defendant is not guilty and is awarded reasonable attorney’s fees, court costs, and compensation for loss of income</p> Signup and view all the answers

    What is the term used to describe an officer who is acting in the performance of their official duties?

    <p>Law enforcement officer</p> Signup and view all the answers

    What is the requirement for a law enforcement agency investigating the use or threatened use of force?

    <p>They must use standard procedures for investigating the use or threatened use of force</p> Signup and view all the answers

    What is not a condition for a person to claim immunity from criminal prosecution?

    <p>The person is in a public place</p> Signup and view all the answers

    What is required to establish the defense authorized by this section?

    <p>Evidence of conviction of a forcible felony</p> Signup and view all the answers

    What is the meaning of 'forcible felony' in this section?

    <p>A crime that has the same meaning as in s. 776.08</p> Signup and view all the answers

    What happens to a civil action when the defense recognized by this section is raised?

    <p>The civil action is stayed by the court</p> Signup and view all the answers

    What happens to a party that prevails based on the defense created by this section?

    <p>The party is awarded a reasonable attorney's fee</p> Signup and view all the answers

    What happens to the losing party if they are incarcerated for the crime or attempted crime?

    <p>Their privileges are revoked</p> Signup and view all the answers

    What happens to the losing party's attorney if they acted in good faith?

    <p>They are not personally responsible for the award of fees</p> Signup and view all the answers

    What happens to the losing party if they are incarcerated for the crime or attempted crime and have insufficient assets?

    <p>They are required to pay by deduction from any payments the prisoner receives while incarcerated</p> Signup and view all the answers

    What happens when the court finds that a person accused acted in lawful self-defense?

    <p>The finding is documented in writing and retained in the files of the state attorney or statewide prosecutor</p> Signup and view all the answers

    What happens to the person accused when a court dismisses an information, indictment, or other charging document?

    <p>The finding is recorded in an order or memorandum</p> Signup and view all the answers

    What can the person accused apply for after the case is dismissed?

    <p>A certificate of eligibility to expunge the associated criminal history record</p> Signup and view all the answers

    Study Notes

    Justifiable Use of Force

    • A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. (776.012)

    Home Protection

    • A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
      • Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.
      • Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. (776.013)

    Use or Threatened Use of Force in Defense of Property

    • A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property. (776.031)

    Immunity from Criminal Prosecution and Civil Action

    • A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14). (776.032)

    Law Enforcement Officers

    • A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. (776.05)
    • A law enforcement officer is justified in the use of any force which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest. (776.05)

    Prohibitions

    • A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty. (776.051)
    • A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful. (776.051)

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    Description

    This quiz covers the justifiable use of force, excluding deadly force, in self-defense situations, as well as the right to stand one's ground in a dwelling or residence.

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