Missouri Statutory Law: Justification and Use of Force
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Questions and Answers

Under what circumstances is the use of deadly force justified?

  • When the person is attempting to commit a forcible felony
  • When the person is in a public place
  • When the actor is the initial aggressor
  • When the person reasonably believes the force is necessary to protect themselves or others from death or serious physical injury (correct)
  • What is a requirement for the legal use of non-deadly force in self-defense or the defense of other persons?

  • The person reasonably believes the force is necessary to defend themselves or a third person (correct)
  • The person must be in a public place
  • The person must be the initial aggressor
  • The person must have withdrawn from the encounter
  • When is the use of physical restraint as protective force justified?

  • When the person is the initial aggressor
  • When the person reasonably believes the restraint is necessary to protect themselves or others (correct)
  • When the person is in a public place
  • When the person is attempting to commit a crime
  • What is not a requirement for the legal use of deadly force?

    <p>The person must have withdrawn from the encounter</p> Signup and view all the answers

    When does a person have a duty to retreat?

    <p>Never, according to the justification afforded by this section</p> Signup and view all the answers

    What is an exception to the justification for the use of physical force?

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

    What is a circumstance under which the use of deadly force is justified?

    <p>When the person reasonably believes the force is necessary to protect themselves or others from death or serious physical 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 person reasonably believes the force is necessary to defend themselves or a third person</p> Signup and view all the answers

    When is the use of physical force justified?

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

    What is an exception to the duty to retreat?

    <p>When the person is on private property that is owned or leased by an individual</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 requirement for the legal use of deadly force in self-defense or the defense of other persons?

    <p>Only when there is an immediate threat of death or serious physical injury</p> Signup and view all the answers

    What is the Supreme Court ruling (Tennessee vs. Garner, 3/27/85) regarding the use of deadly force against a fleeing felon?

    <p>Deadly force can only be used against a fleeing felon when they pose an immediate threat to others</p> Signup and view all the answers

    What is the power of arrest jurisdictionally for a law enforcement officer?

    <p>Only within their jurisdictional boundary</p> Signup and view all the answers

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

    <p>When the person is making a citizen's arrest</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 specifies?

    <p>The department's policy is more restrictive than state law</p> Signup and view all the answers

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

    <p>Civil liability is never affected by the criminal code</p> Signup and view all the answers

    What is the purpose of a department's policy regarding the use of deadly and non-deadly force?

    <p>To provide guidance on the use of force in specific situations</p> Signup and view all the answers

    Who has the burden of injecting the issue of justification under this section when a defendant asserts that their use of force is necessary to defend against unlawful force?

    <p>The defendant</p> Signup and view all the answers

    Under what circumstances may a person use deadly force in defense of property?

    <p>When the use of deadly force is authorized under other sections of this chapter</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 it is necessary to prevent stealing, property damage or tampering</p> Signup and view all the answers

    When may a law enforcement officer use physical force to effect an arrest?

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

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

    <p>The amount of physical force used must be objectively reasonable</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 officer reasonably believes the use of deadly force is immediately necessary to effect the arrest or prevent an escape from custody and the arrestee has committed or attempted to commit a felony offense involving the infliction or threatened infliction of serious physical injury</p> Signup and view all the answers

    What is the Supreme Court ruling in Tennessee vs. Garner (3/27/85) 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 use of deadly force is immediately necessary to prevent the escape and the felon poses a threat to others</p> Signup and view all the answers

    When is the use of physical restraint justified in defense of property?

    <p>When the use of physical restraint is provided as protective force and the actor takes 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 requirement for the legal use of deadly force in defense of property?

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

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

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

    When is a law enforcement officer justified in using deadly force?

    <p>When the officer reasonably believes 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 directed by a person they reasonably believe to be a law enforcement officer.</p> Signup and view all the answers

    What is the primary consideration for a law enforcement officer when determining the amount of physical force to use 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

    When is a law enforcement officer exempt from the statute regarding the use of physical force?

    <p>When the officer has completed the training required by PEACE OFFICER STANDARDS and TRAINING.</p> Signup and view all the answers

    What is a necessary condition for a law enforcement officer to use physical force 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

    When can a law enforcement officer use deadly force under the US Supreme Court ruling in Tennessee vs. Garner?

    <p>When the officer has 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

    Who is exempt from the statute regarding the use of physical force in making an arrest?

    <p>State, county, and municipal law enforcement officers who have completed the training required by PEACE OFFICER STANDARDS and TRAINING.</p> Signup and view all the answers

    What is the primary consideration for a law enforcement officer when determining whether to use deadly force?

    <p>The immediate threat posed by the suspect to the officer or others.</p> Signup and view all the answers

    When can a private person use deadly force in making an arrest?

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

    What is a limitation on a private person's use of physical force in making an arrest?

    <p>The private person knows or believes that the arrest or prospective arrest is not authorized.</p> Signup and view all the answers

    What is the primary condition that must be met for a private person to use physical force to arrest or prevent the escape of an offender?

    <p>The private person reasonably believes the offender has committed an offense and the action is immediately necessary.</p> Signup and view all the answers

    When can a private person use deadly force to arrest or prevent the escape of an offender?

    <p>When the offender is attempting to escape from custody using a deadly weapon.</p> Signup and view all the answers

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

    <p>When the guard or law enforcement officer reasonably believes such force is immediately necessary to prevent escape from confinement or in transit thereto or therefrom.</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 specifies?

    <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 does not affect civil liability.</p> Signup and view all the answers

    What is the purpose of a department's policy regarding the use of deadly and non-deadly force?

    <p>To provide guidance on when to use deadly or non-deadly force.</p> Signup and view all the answers

    In what type of scenario is the appropriate reaction to the situation and the appropriate amount of force to be used in response to the perceived threat typically evaluated?

    <p>Classroom role play scenarios.</p> Signup and view all the answers

    What is the primary consideration when determining whether to use physical force to arrest or prevent the escape of an offender?

    <p>The immediate necessity of the action.</p> Signup and view all the answers

    What is the relationship between the use of deadly force and the risk of human life or serious physical injury?

    <p>The use of deadly force is justified when there is a substantial risk of human life or serious physical injury unless the escape is prevented.</p> Signup and view all the answers

    What is the purpose of evaluating the justification for using physical force to arrest or prevent the escape of an offender?

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

    Study Notes

    Justification and Use of Force

    • The justification for the use of force is based on the Missouri Criminal Code
    • There are two types of force: deadly force and non-deadly force

    Use of Non-Deadly Force

    • Justifiable when necessary to:
      • Defend oneself or others from imminent harm
      • Prevent the commission or attempted commission of a crime
      • Effect an arrest or prevent escape from custody
    • Not justifiable when:
      • The actor was the initial aggressor
      • The actor was attempting to commit a forcible felony
      • The actor was not in a place where he or she had a right to be

    Use of Deadly Force

    • Justifiable when necessary to:
      • Protect oneself or others from death, serious physical injury, or any forcible felony
      • Prevent an escape from custody when the person to be arrested has committed or attempted to commit a felony involving serious physical injury
      • Prevent an escape from custody when the person to be arrested is attempting to escape by use of a deadly weapon or dangerous instrument
    • Not justifiable when:
      • The use of deadly force is not necessary to prevent death or serious physical injury
      • The use of deadly force is not necessary to prevent an escape from custody

    Use of Force in Defense of Premises

    • A person does not have a duty to retreat from:
      • A dwelling, residence, or vehicle where the person is not unlawfully entering or remaining
      • Private property that is owned or leased by the person
      • Any other location where the person has the right to be
    • The justification for the use of force in defense of premises extends to the use of physical restraint as protective force

    Use of Force in Defense of Property

    • Justifiable when necessary to:
      • Prevent the commission or attempted commission of a crime
      • Prevent the escape from custody of a person who has committed a crime
    • Not justifiable when:
      • The use of force is not necessary to prevent the commission or attempted commission of a crime
      • The use of force is not necessary to prevent an escape from custody

    Use of Force by Law Enforcement Officers

    • Law enforcement officers may use force to:
      • Effect an arrest or prevent an escape from custody
      • Defend themselves or others from imminent harm
    • Law enforcement officers may use deadly force only:
      • When authorized under other sections of the Missouri Criminal Code
      • When necessary to prevent death or serious physical injury to the officer or others
      • When necessary to prevent an escape from custody when the person to be arrested has committed or attempted to commit a felony involving serious physical injury

    Supreme Court Ruling on Deadly Force

    • Tennessee vs. Garner (1985) held that deadly force may be used against a fleeing felon only when:
      • The officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others
      • The officer gives a warning to the suspect, if feasible
      • The officer has probable cause to believe that the suspect has committed a felony involving serious physical injury

    Private Persons and Use of Force

    • Private persons may use force to:
      • Assist a law enforcement officer in making an arrest or preventing an escape from custody
      • Arrest or prevent the escape of a person who has committed a crime
    • Private persons may use deadly force only:
      • When authorized under other sections of the Missouri Criminal Code
      • When directed or authorized by a law enforcement officer to use deadly force
      • When necessary to prevent death or serious physical injury to the officer or others

    Civil Liability and Departmental Policy

    • The justification for the use of force provided by the criminal code applies only to criminal liability
    • Civil liability and civil remedies are unaffected by the criminal code
    • Departmental policies on the use of force may be more restrictive than state law
    • Officers must conform to the more restrictive departmental policy

    Role-Play Scenarios

    • Trainees will participate in role-play scenarios to demonstrate an understanding of the appropriate use of force in various situations
    • Scenarios will include situations involving the use of non-deadly and deadly force
    • Trainees will be asked to analyze the situation, describe an appropriate response, and determine the appropriate amount of force to use in response to the perceived threat

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    Description

    This lesson plan covers the Missouri Criminal Code, focusing on non-deadly and deadly force for self-defense or defense of others. It outlines the basic requirements for legal use of force.

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