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Missouri Criminal Code: Use of Force Justification

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What is the primary objective of the Justification — Use of Force block of instruction?

To cover the code sections in the Missouri Criminal Code

What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?

The person must have a reasonable belief of imminent danger

When may a private person be justified in using deadly and non-deadly force in making an arrest?

When the person is making a citizen's arrest

What is the effect of a department adopting a more restrictive policy on the use of force than state law specifies?

<p>The policy is considered more restrictive</p> Signup and view all the answers

What is the ruling of the Supreme Court regarding the use of deadly force against a fleeing felon?

<p>It is justified only in certain circumstances</p> Signup and view all the answers

What is the requirement for the legal use of deadly and non-deadly force in the defense of premises?

<p>The person must have a reasonable belief of imminent danger</p> Signup and view all the answers

What is the condition for using physical restraint as a protective force?

<p>The actor takes all reasonable measures to terminate the restraint as soon as possible</p> Signup and view all the answers

What is the burden of proof in cases where the defendant asserts justification under section 563.041?

<p>The state must prove beyond a reasonable doubt that the defendant did not reasonably believe the use of force was necessary</p> Signup and view all the answers

Under what circumstances may a law enforcement officer use deadly force in making an arrest?

<p>When the officer reasonably believes the person to be arrested is attempting to escape by use of a deadly weapon</p> Signup and view all the answers

What is the requirement for a law enforcement officer's use of physical force in making an arrest?

<p>The amount of physical force used was objectively reasonable in light of the totality of the particular facts and circumstances</p> Signup and view all the answers

What is the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?

<p>Deadly force is justified against a fleeing felon when the officer reasonably believes the felon poses a significant threat to the officer or others</p> Signup and view all the answers

What is the requirement for a person to use physical force in defense of property?

<p>The person must reasonably believe it is necessary to prevent the commission or attempted commission of stealing, property damage, or tampering</p> Signup and view all the answers

What is the limitation on the use of physical force in defense of property?

<p>The person may use physical force only when the person reasonably believes it is necessary to prevent the commission or attempted commission of stealing, property damage, or tampering</p> Signup and view all the answers

When may a law enforcement officer use physical force in making an arrest?

<p>When the officer reasonably believes the use of physical force is immediately necessary to effect the arrest</p> Signup and view all the answers

What is the requirement for the use of deadly force in defense of property?

<p>The person may use deadly force only when authorized under other sections of this chapter</p> Signup and view all the answers

What is the burden of proof in cases where the defendant asserts justification under section 563.046?

<p>The state must prove beyond a reasonable doubt that the defendant did not reasonably believe the use of force was necessary</p> Signup and view all the answers

Under which circumstance can the use of force be justified?

<p>When necessary as an emergency measure to avoid an imminent public or private injury</p> Signup and view all the answers

What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?

<p>The actor reasonably believes such force is necessary to defend themselves or a third person</p> Signup and view all the answers

When is the use of deadly force justified?

<p>When the actor reasonably believes that such deadly force is necessary to protect themselves, their unborn child, or another against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

What is a requirement for the legal use of deadly force in the defense of premises?

<p>The person reasonably believes that such deadly force is necessary to protect themselves against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

When is a person not required to retreat?

<p>When the person is in a dwelling, residence, or vehicle where they are not unlawfully entering or unlawfully remaining</p> Signup and view all the answers

What is a circumstance under which the use of force is not justified?

<p>When the actor is attempting to commit, committing, or escaping after the commission of a forcible felony</p> Signup and view all the answers

Under which circumstance is the use of force justified?

<p>When necessary as an emergency measure to avoid an imminent public or private injury</p> Signup and view all the answers

What is a requirement for the legal use of non-deadly force in the defense of other persons?

<p>The actor reasonably believes that such force is necessary to defend a third person</p> Signup and view all the answers

When is the use of deadly force justified in the defense of premises?

<p>When the person reasonably believes that such deadly force is necessary to protect themselves against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

What is not a requirement for the legal use of deadly force in self-defense?

<p>The actor is the initial aggressor</p> Signup and view all the answers

Under what circumstances can a law enforcement officer use deadly force to effect an arrest?

<p>When the arrest is lawful and the officer reasonably believes the use of deadly force is necessary</p> Signup and view all the answers

What is a prerequisite for the use of physical force by a law enforcement officer in making an arrest?

<p>The arrest is lawful or the officer reasonably believes the arrest is lawful</p> Signup and view all the answers

In what circumstances can a law enforcement officer use physical force to prevent an escape from custody?

<p>When the officer reasonably believes the use of physical force is necessary to prevent the escape</p> Signup and view all the answers

What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?

<p>The amount of physical force used must be objectively reasonable in light of the totality of the circumstances</p> Signup and view all the answers

What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?

<p>The officer must have the duty and power of arrest for violation of the general criminal laws of the state</p> Signup and view all the answers

Under what circumstances can a private person be justified in using deadly force in making an arrest?

<p>When the private person reasonably believes the use of deadly force is necessary to prevent the escape and the private person has probable cause to believe the suspect poses a significant threat of death or serious injury to the private person or others</p> Signup and view all the answers

What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?

<p>To establish standards for law enforcement officers</p> Signup and view all the answers

What is the effect of a law enforcement officer's reasonable belief in making an arrest?

<p>The officer's belief is considered in determining the legality of the arrest</p> Signup and view all the answers

Under what circumstances can a law enforcement officer use physical force to effect an arrest?

<p>When the officer reasonably believes the use of physical force is necessary to effect the arrest</p> Signup and view all the answers

What is the requirement for the use of deadly force by a law enforcement officer in making an arrest?

<p>The officer must have probable cause to believe the suspect poses a significant threat of death or serious injury to the officer or others</p> Signup and view all the answers

Under what circumstances can a private person use physical force to assist a law enforcement officer?

<p>When the private person reasonably believes the officer's direction is necessary</p> Signup and view all the answers

What is the limitation on a private person's use of physical force in assisting a law enforcement officer?

<p>The officer's direction</p> Signup and view all the answers

When can a private person use deadly force to arrest or prevent escape?

<p>When the private person reasonably believes it is necessary to prevent escape</p> Signup and view all the answers

What is the requirement for a guard or law enforcement officer to use physical force to prevent escape from confinement?

<p>The guard must reasonably believe it is immediately necessary to prevent escape</p> Signup and view all the answers

Under what circumstances can a guard or law enforcement officer use deadly force to prevent escape from confinement?

<p>When the guard reasonably believes there is a substantial risk the inmate will endanger human life or cause serious physical injury</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>Officers must conform to departmental policy</p> Signup and view all the answers

What is the relationship between the criminal code and civil liability?

<p>Civil liability is unaffected by the criminal code</p> Signup and view all the answers

What is the importance of knowing one's department's policy on the use of force?

<p>It is important for officers to know department policy to ensure conformance</p> Signup and view all the answers

What is the purpose of role-playing scenarios in training?

<p>To teach officers how to respond to different scenarios</p> Signup and view all the answers

What is the importance of analyzing a situation before responding?

<p>It is important to analyze a situation to determine the appropriate response</p> Signup and view all the answers

What is the primary objective of the identified elements in the Justification — Use of Force block of instruction?

<p>To cover the code sections in the Missouri Criminal Code and identify both the elements of non-deadly and deadly force.</p> Signup and view all the answers

What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?

<p>To understand the legal requirements for defending one's property.</p> Signup and view all the answers

What is the significance of the Tennessee vs. Garner ruling regarding the use of deadly force against a fleeing felon?

<p>It clarified that a law enforcement officer can use deadly force against a fleeing felon only when the officer has probable cause to believe the suspect poses a significant threat to the officer or others.</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>It provides more clarity and guidance for officers on the use of force.</p> Signup and view all the answers

What is the objective of identifying the requirements for the legal use of deadly and non-deadly force in the defense of property?

<p>To understand the legal requirements for defending one's property.</p> Signup and view all the answers

What is the significance of identifying the power of arrest jurisdictionally and when an officer may possess a firearm outside of their jurisdictional boundary?

<p>It provides guidance on the officer's authority to make an arrest and possess a firearm outside of their jurisdiction.</p> Signup and view all the answers

What is the general principle underlying the justification for the use of physical force in self-defense or the defense of other persons?

<p>The use of physical force is necessary to protect oneself or a third party from imminent harm.</p> Signup and view all the answers

What is the condition under which a person may use deadly force in self-defense or the defense of other persons?

<p>When the actor reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, or any forcible felony.</p> Signup and view all the answers

What is the requirement for the legal use of non-deadly force in self-defense or the defense of other persons?

<p>The actor must reasonably believe that such force is necessary to defend himself or herself or a third person.</p> Signup and view all the answers

Under what circumstances may a person use physical force in defense of premises?

<p>When the person is not unlawfully entering or remaining on the premises.</p> Signup and view all the answers

What is the relationship between the criminal code and civil liability?

<p>Civil liability is unaffected by the criminal code.</p> Signup and view all the answers

Under what circumstances may a private person use physical force to arrest or prevent escape?

<p>When the private person has been directed by a law enforcement officer</p> Signup and view all the answers

What is the purpose of knowing one's department's policy on the use of force?

<p>To ensure that officers are trained to use force only when necessary.</p> Signup and view all the answers

When can a guard or law enforcement officer use deadly force to prevent escape from confinement?

<p>When there is a substantial risk that the escapee will endanger human life or cause serious physical injury</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>Officers must conform to the more restrictive departmental policy</p> Signup and view all the answers

What is the importance of analyzing a situation before responding?

<p>To ensure that the use of force is justified.</p> Signup and view all the answers

Under what circumstances is a law enforcement officer justified in using deadly force?

<p>When the officer reasonably believes that such use of deadly force is immediately necessary and the person to be arrested has committed or attempted to commit a felony involving serious physical injury.</p> Signup and view all the answers

What is a requirement for a law enforcement officer's use of physical force in making an arrest?

<p>The officer must have reasonable belief that the use of physical force is necessary.</p> Signup and view all the answers

Under what circumstances is a person not required to retreat?

<p>All of the above.</p> Signup and view all the answers

What is the relationship between the criminal code and civil liability?

<p>The criminal code provides a defense to criminal charges, but not necessarily to civil liability</p> Signup and view all the answers

What is the importance of knowing one's department's policy on the use of force?

<p>It is necessary to know the department's policy on the use of force to ensure compliance with departmental and state guidelines</p> Signup and view all the answers

When may a law enforcement officer use physical force to prevent an escape from custody?

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

What is the requirement for the legal use of deadly force in the defense of premises?

<p>The person must reasonably believe that such deadly force is necessary to protect themselves or another against death, serious physical injury, or any forcible felony.</p> Signup and view all the answers

What is the purpose of role-playing scenarios in training?

<p>To apply the material learned in the Justification - Use of Force block of instruction</p> Signup and view all the answers

What is the purpose of role-playing scenarios in training?

<p>To evaluate an officer's decision-making skills in high-stress situations.</p> Signup and view all the answers

What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?

<p>The totality of the particular facts and circumstances confronting the officer.</p> Signup and view all the answers

When may a private person be justified in using deadly force in making an arrest?

<p>When the private person reasonably believes deadly force is necessary to prevent serious physical injury or death</p> Signup and view all the answers

What is the requirement for a law enforcement officer to possess a firearm outside of their jurisdictional boundary?

<p>The officer must have completed the POST standards and training.</p> Signup and view all the answers

Under what circumstances can a private person assist a law enforcement officer in making an arrest?

<p>When summoned by the officer to assist in making an arrest or preserving the peace.</p> Signup and view all the answers

What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?

<p>The officer's reasonable belief</p> Signup and view all the answers

Under what circumstances can a private person use physical force to assist a law enforcement officer?

<p>When the private person is directed by a law enforcement officer</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>The policy is acceptable as long as it does not conflict with state law.</p> Signup and view all the answers

What is the requirement for a private person to use physical force in making an arrest?

<p>The private person must reasonably believe the arrest is authorized</p> Signup and view all the answers

When may a law enforcement officer use deadly force to prevent escape from custody?

<p>When the officer reasonably believes the use of deadly force is immediately necessary.</p> Signup and view all the answers

What is the requirement for a private person to use deadly force in making an arrest?

<p>The private person must reasonably believe the use of deadly force is immediately necessary.</p> Signup and view all the answers

What is the limitation on the use of physical force by a law enforcement officer in making an arrest?

<p>The amount of force used must be objectively reasonable in light of the circumstances.</p> Signup and view all the answers

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

<p>The arrest must be lawful, and the officer must reasonably believe that the use of physical force is immediately necessary.</p> Signup and view all the answers

When can a law enforcement officer use deadly force in making an arrest?

<p>When the officer reasonably believes that the person to be arrested has committed a felony offense involving the infliction or threatened infliction of serious physical injury.</p> Signup and view all the answers

What is the burden of proof in cases where the defendant asserts justification under section 563.041?

<p>The state must prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of force was necessary.</p> Signup and view all the answers

What is the requirement for the legal use of physical force in defense of property?

<p>The person must reasonably believe that the use of physical force is necessary to prevent theft or property damage.</p> Signup and view all the answers

What is the limitation on the use of physical restraint as a protective force?

<p>The actor must take all reasonable measures to terminate the restraint as soon as it is reasonable to do so.</p> Signup and view all the answers

What is the ruling of the Supreme Court in Tennessee vs. Garner?

<p>The use of deadly force is not justified in making an arrest unless the officer reasonably believes that the person to be arrested poses a significant threat of death or serious physical harm to the officer or others.</p> Signup and view all the answers

What is the requirement for the legal use of deadly force in defense of property?

<p>The person must reasonably believe that the use of deadly force is necessary to prevent a felony.</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>The department's policy prevails over state law.</p> Signup and view all the answers

What is the condition for using physical force in making an arrest?

<p>The arrest must be lawful, and the officer must reasonably believe that the use of physical force is immediately necessary.</p> Signup and view all the answers

What is the requirement for the legal use of non-deadly force in defense of property?

<p>The person must reasonably believe that the use of non-deadly force is necessary to prevent theft or property damage.</p> Signup and view all the answers

In what circumstances may a law enforcement officer use deadly force when making an arrest?

<p>When the suspect is a fleeing felon and poses a significant threat to the officer or others</p> Signup and view all the answers

What is the significance of identifying the requirements for the legal use of deadly and non-deadly force in the defense of premises?

<p>It clarifies the distinction between deadly and non-deadly force in defense of property</p> Signup and view all the answers

What is the result of a department adopting a more restrictive policy on the use of force than state law?

<p>The policy will further limit an officer's use of force</p> Signup and view all the answers

When may a private person be justified in using non-deadly force in making an arrest?

<p>When the suspect is in the process of committing a crime</p> Signup and view all the answers

What is the primary objective of the Justification — Use of Force block of instruction?

<p>To cover the code sections related to the use of force</p> Signup and view all the answers

What is the relevance of the Supreme Court ruling in Tennessee vs. Garner to the use of force?

<p>It establishes the criteria for the use of deadly force in making an arrest</p> Signup and view all the answers

What is the condition for using physical force in defense of property?

<p>The person must reasonably believe that the property is in immediate danger of being stolen or damaged.</p> Signup and view all the answers

Under what circumstances can a law enforcement officer use deadly force in making an arrest?

<p>When the arrest is lawful and the amount of physical force used is objectively reasonable.</p> Signup and view all the answers

What is the burden of proof in cases where the defendant asserts justification under section 563.041?

<p>The burden is on the state to prove that the defendant did not reasonably believe that the use of force was necessary.</p> Signup and view all the answers

What is the limitation on the use of physical force in defense of property?

<p>The use of physical force is limited to the amount of force necessary to prevent the commission or attempted commission of stealing, property damage, or tampering.</p> Signup and view all the answers

When can a person use physical restraint as a protective force?

<p>When the person reasonably believes that the use of physical restraint is necessary to prevent the commission or attempted commission of stealing, property damage, or tampering.</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>The department's policy is valid and must be followed by law enforcement officers.</p> Signup and view all the answers

What is the significance of the Tennessee vs. Garner ruling?

<p>It established that law enforcement officers cannot use deadly force against a fleeing felon without warning.</p> Signup and view all the answers

What is the requirement for a law enforcement officer's use of physical force in making an arrest?

<p>The officer must reasonably believe that the use of physical force is necessary to effect the arrest or prevent an escape from custody.</p> Signup and view all the answers

What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?

<p>The amount of physical force used must be objectively reasonable.</p> Signup and view all the answers

Under what circumstances is a person justified in using physical force upon another person?

<p>When the person reasonably believes such force to be necessary to defend himself or herself or a third person from the use or imminent use of unlawful force</p> Signup and view all the answers

When is the use of deadly force justified in the defense of premises?

<p>When the person reasonably believes that such deadly force is necessary to protect himself, herself, or another against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?

<p>The use of non-deadly force is necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force</p> Signup and view all the answers

Under what circumstances can a person use physical force in defense of property?

<p>When the person reasonably believes that such force is necessary to protect himself, herself, or another against the use or imminent use of unlawful force</p> Signup and view all the answers

When is a person not required to retreat?

<p>From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining</p> Signup and view all the answers

Under what circumstances is the use of force justified?

<p>When the person reasonably believes that such force is necessary to defend himself, herself, or another against the use or imminent use of unlawful force</p> Signup and view all the answers

What is the requirement for the legal use of deadly force in self-defense or the defense of other persons?

<p>The person reasonably believes that such deadly force is necessary to protect himself, herself, or another against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

What is a requirement for the legal use of non-deadly force in the defense of premises?

<p>The person reasonably believes that such force is necessary to defend himself, herself, or another against the use or imminent use of unlawful force</p> Signup and view all the answers

Under what circumstances can a law enforcement officer use deadly force to effect an arrest?

<p>When the person reasonably believes that such deadly force is necessary to protect himself, herself, or another against death, serious physical injury, or any forcible felony</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>It supersede the state law on the use of force</p> Signup and view all the answers

When is a law enforcement officer justified in using deadly force to effect an arrest?

<p>When the officer reasonably believes the person to be arrested has committed or attempted to commit a felony involving serious physical injury.</p> Signup and view all the answers

What is the requirement for the lawful use of physical force by a law enforcement officer?

<p>The officer must have probable cause to believe the arrest is lawful.</p> Signup and view all the answers

In what circumstance may a private person be justified in using deadly force in making an arrest?

<p>When the person to be arrested has committed or attempted to commit a felony.</p> Signup and view all the answers

What is the limitation on the use of physical force by a law enforcement officer?

<p>The officer must use the minimum amount of force necessary to effect the arrest.</p> Signup and view all the answers

Who is exempt from the statute requiring a law enforcement officer to possess a firearm outside of their jurisdictional boundary?

<p>Only state law enforcement officers who have completed the training required by PEACE OFFICER STANDARDS AND TRAINING.</p> Signup and view all the answers

When may a law enforcement officer use physical force to prevent an escape from custody?

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

What is the standard for determining the amount of physical force used by a law enforcement officer in making an arrest?

<p>The totality of the particular facts and circumstances confronting the officer on the scene.</p> Signup and view all the answers

What is the purpose of the PEACE OFFICER STANDARDS AND TRAINING COMMISSION?

<p>To establish standards for law enforcement officers.</p> Signup and view all the answers

Under what circumstance may a law enforcement officer use deadly force to effect an arrest?

<p>When the officer reasonably believes the person to be arrested has committed or attempted to commit a felony involving serious physical injury.</p> Signup and view all the answers

When can a private person use physical force to assist a law enforcement officer?

<p>When the private person reasonably believes the law enforcement officer's direction is necessary to prevent escape from custody</p> Signup and view all the answers

What is the primary concern for a law enforcement officer using physical force to prevent escape from confinement?

<p>To prevent human life or serious physical injury</p> Signup and view all the answers

What is the effect of a law enforcement officer's reasonable belief in making an arrest?

<p>It is one factor considered in determining the legality of the arrest.</p> Signup and view all the answers

What happens when a department adopts a more restrictive policy on the use of force than state law?

<p>Officers must conform to the more restrictive departmental policy</p> Signup and view all the answers

What is the relationship between the criminal code and civil liability?

<p>The criminal code provides a defense to civil liability, but only in certain circumstances</p> Signup and view all the answers

Under what circumstances may a private person use deadly force to arrest or prevent escape?

<p>When the private person reasonably believes the arrest or escape is authorized</p> Signup and view all the answers

What is the purpose of role-playing scenarios in training?

<p>To simulate real-life scenarios for training purposes</p> Signup and view all the answers

What is the importance of knowing one's department's policy on the use of force?

<p>It is necessary to ensure compliance with departmental policy</p> Signup and view all the answers

Under what circumstances can a law enforcement officer use physical force to prevent escape from custody?

<p>When the officer reasonably believes it is necessary to prevent escape from custody</p> Signup and view all the answers

What is the effect of a department adopting a more restrictive policy on the use of force than state law?

<p>Officers must conform to the more restrictive departmental policy</p> Signup and view all the answers

When is a private person justified in using physical force to arrest or prevent escape?

<p>When the private person reasonably believes the arrest or escape is authorized</p> Signup and view all the answers

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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