Podcast
Questions and Answers
What is the primary objective of the Justification — Use of Force block of instruction?
What is the primary objective of the Justification — Use of Force block of instruction?
What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?
What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?
When may a private person be justified in using deadly and non-deadly force in making an arrest?
When may a private person be justified in using deadly and non-deadly force in making an arrest?
What is the effect of a department adopting a more restrictive policy on the use of force than state law specifies?
What is the effect of a department adopting a more restrictive policy on the use of force than state law specifies?
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What is the ruling of the Supreme Court regarding the use of deadly force against a fleeing felon?
What is the ruling of the Supreme Court regarding the use of deadly force against a fleeing felon?
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What is the requirement for the legal use of deadly and non-deadly force in the defense of premises?
What is the requirement for the legal use of deadly and non-deadly force in the defense of premises?
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What is the condition for using physical restraint as a protective force?
What is the condition for using physical restraint as a protective force?
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What is the burden of proof in cases where the defendant asserts justification under section 563.041?
What is the burden of proof in cases where the defendant asserts justification under section 563.041?
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Under what circumstances may a law enforcement officer use deadly force in making an arrest?
Under what circumstances may a law enforcement officer use deadly force in making an arrest?
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What is the requirement for a law enforcement officer's use of physical force in making an arrest?
What is the requirement for a law enforcement officer's use of physical force in making an arrest?
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What is the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?
What is the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?
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What is the requirement for a person to use physical force in defense of property?
What is the requirement for a person to use physical force in defense of property?
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What is the limitation on the use of physical force in defense of property?
What is the limitation on the use of physical force in defense of property?
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When may a law enforcement officer use physical force in making an arrest?
When may a law enforcement officer use physical force in making an arrest?
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What is the requirement for the use of deadly force in defense of property?
What is the requirement for the use of deadly force in defense of property?
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What is the burden of proof in cases where the defendant asserts justification under section 563.046?
What is the burden of proof in cases where the defendant asserts justification under section 563.046?
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Under which circumstance can the use of force be justified?
Under which circumstance can the use of force be justified?
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What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
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When is the use of deadly force justified?
When is the use of deadly force justified?
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What is a requirement for the legal use of deadly force in the defense of premises?
What is a requirement for the legal use of deadly force in the defense of premises?
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When is a person not required to retreat?
When is a person not required to retreat?
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What is a circumstance under which the use of force is not justified?
What is a circumstance under which the use of force is not justified?
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Under which circumstance is the use of force justified?
Under which circumstance is the use of force justified?
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What is a requirement for the legal use of non-deadly force in the defense of other persons?
What is a requirement for the legal use of non-deadly force in the defense of other persons?
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When is the use of deadly force justified in the defense of premises?
When is the use of deadly force justified in the defense of premises?
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What is not a requirement for the legal use of deadly force in self-defense?
What is not a requirement for the legal use of deadly force in self-defense?
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Under what circumstances can a law enforcement officer use deadly force to effect an arrest?
Under what circumstances can a law enforcement officer use deadly force to effect an arrest?
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What is a prerequisite for the use of physical force by a law enforcement officer in making an arrest?
What is a prerequisite for the use of physical force by a law enforcement officer in making an arrest?
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In what circumstances can a law enforcement officer use physical force to prevent an escape from custody?
In what circumstances can a law enforcement officer use physical force to prevent an escape from custody?
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What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
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What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
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Under what circumstances can a private person be justified in using deadly force in making an arrest?
Under what circumstances can a private person be justified in using deadly force in making an arrest?
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What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?
What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?
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What is the effect of a law enforcement officer's reasonable belief in making an arrest?
What is the effect of a law enforcement officer's reasonable belief in making an arrest?
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Under what circumstances can a law enforcement officer use physical force to effect an arrest?
Under what circumstances can a law enforcement officer use physical force to effect an arrest?
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What is the requirement for the use of deadly force by a law enforcement officer in making an arrest?
What is the requirement for the use of deadly force by a law enforcement officer in making an arrest?
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Under what circumstances can a private person use physical force to assist a law enforcement officer?
Under what circumstances can a private person use physical force to assist a law enforcement officer?
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What is the limitation on a private person's use of physical force in assisting a law enforcement officer?
What is the limitation on a private person's use of physical force in assisting a law enforcement officer?
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When can a private person use deadly force to arrest or prevent escape?
When can a private person use deadly force to arrest or prevent escape?
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What is the requirement for a guard or law enforcement officer to use physical force to prevent escape from confinement?
What is the requirement for a guard or law enforcement officer to use physical force to prevent escape from confinement?
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Under what circumstances can a guard or law enforcement officer use deadly force to prevent escape from confinement?
Under what circumstances can a guard or law enforcement officer use deadly force to prevent escape from confinement?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the relationship between the criminal code and civil liability?
What is the relationship between the criminal code and civil liability?
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What is the importance of knowing one's department's policy on the use of force?
What is the importance of knowing one's department's policy on the use of force?
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What is the purpose of role-playing scenarios in training?
What is the purpose of role-playing scenarios in training?
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What is the importance of analyzing a situation before responding?
What is the importance of analyzing a situation before responding?
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What is the primary objective of the identified elements in the Justification — Use of Force block of instruction?
What is the primary objective of the identified elements in the Justification — Use of Force block of instruction?
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What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?
What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?
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What is the significance of the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?
What is the significance of the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of property?
What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of property?
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What is the significance of identifying the power of arrest jurisdictionally and when an officer may possess a firearm outside of their jurisdictional boundary?
What is the significance of identifying the power of arrest jurisdictionally and when an officer may possess a firearm outside of their jurisdictional boundary?
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What is the general principle underlying the justification for the use of physical force in self-defense or the defense of other persons?
What is the general principle underlying the justification for the use of physical force in self-defense or the defense of other persons?
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What is the condition under which a person may use deadly force in self-defense or the defense of other persons?
What is the condition under which a person may use deadly force in self-defense or the defense of other persons?
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What is the requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
What is the requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
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Under what circumstances may a person use physical force in defense of premises?
Under what circumstances may a person use physical force in defense of premises?
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What is the relationship between the criminal code and civil liability?
What is the relationship between the criminal code and civil liability?
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Under what circumstances may a private person use physical force to arrest or prevent escape?
Under what circumstances may a private person use physical force to arrest or prevent escape?
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What is the purpose of knowing one's department's policy on the use of force?
What is the purpose of knowing one's department's policy on the use of force?
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When can a guard or law enforcement officer use deadly force to prevent escape from confinement?
When can a guard or law enforcement officer use deadly force to prevent escape from confinement?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the importance of analyzing a situation before responding?
What is the importance of analyzing a situation before responding?
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Under what circumstances is a law enforcement officer justified in using deadly force?
Under what circumstances is a law enforcement officer justified in using deadly force?
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What is a requirement for a law enforcement officer's use of physical force in making an arrest?
What is a requirement for a law enforcement officer's use of physical force in making an arrest?
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Under what circumstances is a person not required to retreat?
Under what circumstances is a person not required to retreat?
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What is the relationship between the criminal code and civil liability?
What is the relationship between the criminal code and civil liability?
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What is the importance of knowing one's department's policy on the use of force?
What is the importance of knowing one's department's policy on the use of force?
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When may a law enforcement officer use physical force to prevent an escape from custody?
When may a law enforcement officer use physical force to prevent an escape from custody?
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What is the requirement for the legal use of deadly force in the defense of premises?
What is the requirement for the legal use of deadly force in the defense of premises?
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What is the purpose of role-playing scenarios in training?
What is the purpose of role-playing scenarios in training?
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What is the purpose of role-playing scenarios in training?
What is the purpose of role-playing scenarios in training?
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What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
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When may a private person be justified in using deadly force in making an arrest?
When may a private person be justified in using deadly force in making an arrest?
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What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
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Under what circumstances can a private person assist a law enforcement officer in making an arrest?
Under what circumstances can a private person assist a law enforcement officer in making an arrest?
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What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
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Under what circumstances can a private person use physical force to assist a law enforcement officer?
Under what circumstances can a private person use physical force to assist a law enforcement officer?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the requirement for a private person to use physical force in making an arrest?
What is the requirement for a private person to use physical force in making an arrest?
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When may a law enforcement officer use deadly force to prevent escape from custody?
When may a law enforcement officer use deadly force to prevent escape from custody?
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What is the requirement for a private person to use deadly force in making an arrest?
What is the requirement for a private person to use deadly force in making an arrest?
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What is the limitation on the use of physical force by a law enforcement officer in making an arrest?
What is the limitation on the use of physical force by a law enforcement officer in making an arrest?
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What is the requirement for a law enforcement officer to use physical force in making an arrest?
What is the requirement for a law enforcement officer to use physical force in making an arrest?
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When can a law enforcement officer use deadly force in making an arrest?
When can a law enforcement officer use deadly force in making an arrest?
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What is the burden of proof in cases where the defendant asserts justification under section 563.041?
What is the burden of proof in cases where the defendant asserts justification under section 563.041?
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What is the requirement for the legal use of physical force in defense of property?
What is the requirement for the legal use of physical force in defense of property?
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What is the limitation on the use of physical restraint as a protective force?
What is the limitation on the use of physical restraint as a protective force?
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What is the ruling of the Supreme Court in Tennessee vs. Garner?
What is the ruling of the Supreme Court in Tennessee vs. Garner?
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What is the requirement for the legal use of deadly force in defense of property?
What is the requirement for the legal use of deadly force in defense of property?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the condition for using physical force in making an arrest?
What is the condition for using physical force in making an arrest?
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What is the requirement for the legal use of non-deadly force in defense of property?
What is the requirement for the legal use of non-deadly force in defense of property?
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In what circumstances may a law enforcement officer use deadly force when making an arrest?
In what circumstances may a law enforcement officer use deadly force when making an arrest?
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What is the significance of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?
What is the significance of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?
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What is the result of a department adopting a more restrictive policy on the use of force than state law?
What is the result of a department adopting a more restrictive policy on the use of force than state law?
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When may a private person be justified in using non-deadly force in making an arrest?
When may a private person be justified in using non-deadly force in making an arrest?
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What is the primary objective of the Justification — Use of Force block of instruction?
What is the primary objective of the Justification — Use of Force block of instruction?
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What is the relevance of the Supreme Court ruling in Tennessee vs. Garner to the use of force?
What is the relevance of the Supreme Court ruling in Tennessee vs. Garner to the use of force?
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What is the condition for using physical force in defense of property?
What is the condition for using physical force in defense of property?
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Under what circumstances can a law enforcement officer use deadly force in making an arrest?
Under what circumstances can a law enforcement officer use deadly force in making an arrest?
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What is the burden of proof in cases where the defendant asserts justification under section 563.041?
What is the burden of proof in cases where the defendant asserts justification under section 563.041?
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What is the limitation on the use of physical force in defense of property?
What is the limitation on the use of physical force in defense of property?
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When can a person use physical restraint as a protective force?
When can a person use physical restraint as a protective force?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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What is the significance of the Tennessee vs. Garner ruling?
What is the significance of the Tennessee vs. Garner ruling?
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What is the requirement for a law enforcement officer's use of physical force in making an arrest?
What is the requirement for a law enforcement officer's use of physical force in making an arrest?
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What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
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Under what circumstances is a person justified in using physical force upon another person?
Under what circumstances is a person justified in using physical force upon another person?
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When is the use of deadly force justified in the defense of premises?
When is the use of deadly force justified in the defense of premises?
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What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?
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Under what circumstances can a person use physical force in defense of property?
Under what circumstances can a person use physical force in defense of property?
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When is a person not required to retreat?
When is a person not required to retreat?
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Under what circumstances is the use of force justified?
Under what circumstances is the use of force justified?
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What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?
What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?
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What is a requirement for the legal use of non-deadly force in the defense of premises?
What is a requirement for the legal use of non-deadly force in the defense of premises?
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Under what circumstances can a law enforcement officer use deadly force to effect an arrest?
Under what circumstances can a law enforcement officer use deadly force to effect an arrest?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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When is a law enforcement officer justified in using deadly force to effect an arrest?
When is a law enforcement officer justified in using deadly force to effect an arrest?
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What is the requirement for the lawful use of physical force by a law enforcement officer?
What is the requirement for the lawful use of physical force by a law enforcement officer?
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In what circumstance may a private person be justified in using deadly force in making an arrest?
In what circumstance may a private person be justified in using deadly force in making an arrest?
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What is the limitation on the use of physical force by a law enforcement officer?
What is the limitation on the use of physical force by a law enforcement officer?
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Who is exempt from the statute requiring a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
Who is exempt from the statute requiring a law enforcement officer to possess a firearm outside of their jurisdictional boundary?
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When may a law enforcement officer use physical force to prevent an escape from custody?
When may a law enforcement officer use physical force to prevent an escape from custody?
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What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?
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What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?
What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?
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Under what circumstance may a law enforcement officer use deadly force to effect an arrest?
Under what circumstance may a law enforcement officer use deadly force to effect an arrest?
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When can a private person use physical force to assist a law enforcement officer?
When can a private person use physical force to assist a law enforcement officer?
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What is the primary concern for a law enforcement officer using physical force to prevent escape from confinement?
What is the primary concern for a law enforcement officer using physical force to prevent escape from confinement?
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What is the effect of a law enforcement officer's reasonable belief in making an arrest?
What is the effect of a law enforcement officer's reasonable belief in making an arrest?
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What happens when a department adopts a more restrictive policy on the use of force than state law?
What happens when a department adopts a more restrictive policy on the use of force than state law?
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What is the relationship between the criminal code and civil liability?
What is the relationship between the criminal code and civil liability?
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Under what circumstances may a private person use deadly force to arrest or prevent escape?
Under what circumstances may a private person use deadly force to arrest or prevent escape?
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What is the purpose of role-playing scenarios in training?
What is the purpose of role-playing scenarios in training?
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What is the importance of knowing one's department's policy on the use of force?
What is the importance of knowing one's department's policy on the use of force?
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Under what circumstances can a law enforcement officer use physical force to prevent escape from custody?
Under what circumstances can a law enforcement officer use physical force to prevent escape from custody?
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What is the effect of a department adopting a more restrictive policy on the use of force than state law?
What is the effect of a department adopting a more restrictive policy on the use of force than state law?
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When is a private person justified in using physical force to arrest or prevent escape?
When is a private person justified in using physical force to arrest or prevent escape?
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Study Notes
Justification of Use of Force
- Objective: Identify the basic requirements for the legal use of non-deadly force in self-defense or the defense of other persons
- Justification of use of force: conduct is justifiable when necessary to avoid imminent public or private injury, and the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the offense charged
- Use of physical force in defense of persons:
- May be used when and to the extent reasonably believed necessary to defend oneself or a third person from the use or imminent use of unlawful force
- Exceptions: initial aggressor, unless withdrawn from the encounter and effectively communicated withdrawal; or aggressor is justified under other provisions of law
- Use of deadly force:
- May be used when reasonably believed necessary to protect oneself or another against death, serious physical injury, or any forcible felony
- May be used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle, or private property
Defense of Premises
- No duty to retreat from a dwelling, residence, or vehicle, or private property
- Justification of use of physical force extends to the use of physical restraint as protective force, provided that the actor takes all reasonable measures to terminate the restraint as soon as possible
Defense of Property
- Use of physical force in defense of property:
- May be used when and to the extent reasonably believed necessary to prevent the commission or attempted commission of stealing, property damage, or tampering
- May use deadly force only when authorized under other sections of the chapter
- Justification of use of physical restraint as protective force, provided that the actor takes all reasonable measures to terminate the restraint as soon as possible
Law Enforcement Officer's Use of Force
- May use physical force in making an arrest when reasonably believed necessary to effect the arrest or prevent the escape from custody
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to prevent escape from custody and the person to be arrested poses a significant threat of death or serious injury to the officer or others
- Supreme Court ruling (Tennessee vs. Garner, 3/27/85): deadly force may be used against a fleeing felon only when necessary to prevent escape and the officer had probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others
Private Person's Use of Force
- May use physical force in making an arrest when directed by a law enforcement officer or when acting on their own account to arrest a person who has committed an offense
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to arrest a person who has committed a class A felony or murder, or is attempting to escape by use of a deadly weapon
Use of Force to Prevent Escape from Confinement
- Guards or law enforcement officers may use physical force when reasonably believed necessary to prevent escape from confinement or in transit
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to prevent escape and the escapee poses a substantial risk of endangering human life or causing serious physical injury
Civil Liability
- Justifications provided by the criminal code apply only to criminal liability, and do not necessarily mean immunity from civil liability
- Civil remedies can be unaffected by the criminal code, and a person's conduct may be justified under the criminal code but still subject to civil liability
Justification of Use of Force
- Objective: Identify the basic requirements for the legal use of non-deadly force in self-defense or the defense of other persons
- Justification of use of force: conduct is justifiable when necessary to avoid imminent public or private injury, and the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the offense charged
- Use of physical force in defense of persons:
- May be used when and to the extent reasonably believed necessary to defend oneself or a third person from the use or imminent use of unlawful force
- Exceptions: initial aggressor, unless withdrawn from the encounter and effectively communicated withdrawal; or aggressor is justified under other provisions of law
- Use of deadly force:
- May be used when reasonably believed necessary to protect oneself or another against death, serious physical injury, or any forcible felony
- May be used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle, or private property
Defense of Premises
- No duty to retreat from a dwelling, residence, or vehicle, or private property
- Justification of use of physical force extends to the use of physical restraint as protective force, provided that the actor takes all reasonable measures to terminate the restraint as soon as possible
Defense of Property
- Use of physical force in defense of property:
- May be used when and to the extent reasonably believed necessary to prevent the commission or attempted commission of stealing, property damage, or tampering
- May use deadly force only when authorized under other sections of the chapter
- Justification of use of physical restraint as protective force, provided that the actor takes all reasonable measures to terminate the restraint as soon as possible
Law Enforcement Officer's Use of Force
- May use physical force in making an arrest when reasonably believed necessary to effect the arrest or prevent the escape from custody
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to prevent escape from custody and the person to be arrested poses a significant threat of death or serious injury to the officer or others
- Supreme Court ruling (Tennessee vs. Garner, 3/27/85): deadly force may be used against a fleeing felon only when necessary to prevent escape and the officer had probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others
Private Person's Use of Force
- May use physical force in making an arrest when directed by a law enforcement officer or when acting on their own account to arrest a person who has committed an offense
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to arrest a person who has committed a class A felony or murder, or is attempting to escape by use of a deadly weapon
Use of Force to Prevent Escape from Confinement
- Guards or law enforcement officers may use physical force when reasonably believed necessary to prevent escape from confinement or in transit
- May use deadly force only when authorized under other sections of the chapter, or when reasonably believed necessary to prevent escape and the escapee poses a substantial risk of endangering human life or causing serious physical injury
Civil Liability
- Justifications provided by the criminal code apply only to criminal liability, and do not necessarily mean immunity from civil liability
- Civil remedies can be unaffected by the criminal code, and a person's conduct may be justified under the criminal code but still subject to civil liability
Justification of Use of Force
- Identify basic requirements for legal use of non-deadly force in self-defense or defense of others:
- Necessary to avoid imminent public or private injury
- Not a class A felony or murder
- Desirability of avoiding injury outweighs desirability of avoiding injury sought to be prevented by the statute
- Identify requirements for legal use of deadly force in self-defense or defense of others:
- Reasonably believes deadly force is necessary to protect themselves, unborn child, or another against death, serious physical injury, or forcible felony
- Force used against person who unlawfully enters, remains, or attempts to enter a dwelling, residence, or vehicle
- Force used against person who unlawfully enters, remains, or attempts to enter private property
Defense of Premises
- Person does not have a duty to retreat:
- From a dwelling, residence, or vehicle
- From private property
- If person has a right to be in the location
- Justification of use of physical restraint as protective force
- Defendant has burden of injecting issue of justification
Defense of Property
- Use of physical force to prevent:
- Stealing
- Property damage
- Tampering
- Deadly force authorized under other sections of the chapter
- Justification of use of physical restraint as protective force
- Defendant has burden of injecting issue of justification
Law Enforcement Officer's Use of Force
- Law enforcement officer need not retreat or desist from efforts to effect an arrest or prevent escape from custody
- Use of physical force justified when:
- Reasonably believes necessary to effect the arrest or prevent escape from custody
- Amount of physical force used is objectively reasonable
- Deadly force justified only:
- When authorized under other sections of the chapter
- When officer reasonably believes necessary to effect the arrest or prevent escape from custody and person to be arrested:
- Has committed or attempted to commit a felony offense involving serious physical injury
- Is attempting to escape by use of a deadly weapon
- May otherwise endanger life or inflict serious physical injury
Supreme Court Ruling (Tennessee vs. Garner)
- Deadly force may be used against a fleeing felon only when:
- Necessary to prevent the escape
- Officer has probable cause to believe the suspect poses a significant threat of death or serious injury
- Some warning should be given to the suspect before deadly force is used, where feasible
Private Person's Use of Force
- Private person may use physical force to assist a law enforcement officer:
- When directed by the officer
- When reasonably believes necessary to carry out the officer's direction
- Private person may use physical force to arrest or prevent escape:
- When reasonably believes the person has committed an offense
- When the private person's actions are immediately necessary to arrest the offender or prevent escape
Use of Force to Prevent Escape from Confinement
- Guard or law enforcement officer may use physical force to prevent escape from confinement or in transit:
- When reasonably believes necessary to prevent escape
- When deadly force is authorized under other sections of the chapter
- Deadly force justified only:
- When there is a substantial risk that the escapee will endanger human life or cause serious physical injury
Departmental Policy and Civil Liability
- Departmental policy may be more restrictive than state law
- Civil liability may not be affected by criminal code
- Justifications provided by the criminal code apply only to criminal liability, not civil liability
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Description
This quiz covers the legal requirements for using non-deadly and deadly force in self-defense or defense of others according to the Missouri Criminal Code. It identifies the elements of both types of force and their legal applications.