Justifiable Use of Force FSS 776

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Questions and Answers

In what situation is a person justified in using or threatening to use force against another?

When they are in a public place

When they are in a place where they do not have a right to be

When they are engaged in a criminal activity

When they reasonably believe it is necessary to defend themselves or another against imminent use of unlawful force (correct)

What is the requirement for using or threatening to use deadly force?

The person must retreat before using or threatening to use deadly force

The person must be in a dwelling or residence

The person must reasonably believe it is necessary to prevent imminent death or great bodily harm (correct)

The person must be engaged in a criminal activity

Does a person have a duty to retreat before using or threatening to use force in self-defense?

Only when they are engaged in a criminal activity

Only in a public place

Never (correct)

Always

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

Using or threatening to use force is for preventing imminent unlawful force, while using or threatening to use deadly force is for preventing imminent death or great bodily harm Signup and view all the answers

Where does a person have the right to stand their ground and use or threaten to use force?

In any place where they have a right to be Signup and view all the answers

What is a forcible felony?

A felony that involves the use of force against another person Signup and view all the answers

Does the statute apply to a person who is engaged in a criminal activity?

Only if the person is not engaged in a criminal activity Signup and view all the answers

What is the purpose of the self-defense statute?

To provide a defense to criminal charges for people who use force in self-defense Signup and view all the answers

What is the condition for a person to be justified in using or threatening to use deadly force?

If the person reasonably believes it is necessary to prevent the imminent commission of a forcible felony. Signup and view all the answers

Who is exempt from being immune from criminal prosecution and civil action for justifiable use or threatened use of force?

Law enforcement officer who was acting in the performance of his or her official duties. Signup and view all the answers

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

Clear and convincing evidence. Signup and view all the answers

Under what circumstances is the justification of self-defense not available to a person?

If the person is attempting to commit a forcible felony. Signup and view all the answers

What is the requirement for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?

The person must withdraw from physical contact with the assailant and indicate clearly that they desire to withdraw and terminate the use or threatened use of force. Signup and view all the answers

What is the requirement for a law enforcement officer to make a lawful arrest?

The officer need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance. Signup and view all the answers

What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?

Reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant. Signup and view all the answers

What is the definition of a law enforcement officer under s. 943.10(14)?

A person who is acting in the performance of his or her official duties. Signup and view all the answers

What is the procedure that a law enforcement agency may use for investigating the use or threatened use of force?

Using standard procedures for investigating the use or threatened use of force. Signup and view all the answers

Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?

If the agency determines that there is probable cause that the force that was used or threatened was unlawful. Signup and view all the answers

Under what circumstances is an officer justified in using any force?

When the officer reasonably believes it is necessary to defend himself or another from bodily harm Signup and view all the answers

When is an officer not justified in using force?

When the arrest or execution of a legal duty is unlawful and known by the officer to be unlawful Signup and view all the answers

What is included in the definition of deadly force?

The firing of a firearm in the direction of the person to be arrested Signup and view all the answers

When is a correctional officer not liable in a civil or criminal action?

When the officer uses a less-lethal munition in good faith Signup and view all the answers

When is an officer justified in using any force to prevent escape?

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

What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?

Less-lethal munition Signup and view all the answers

Under what circumstances can a correctional officer use deadly force?

When the officer reasonably believes it is necessary to prevent the escape from a penal institution Signup and view all the answers

What is the purpose of the statute regarding the use of force by law enforcement officers?

To outline the circumstances under which an officer can use deadly force Signup and view all the answers

What type of force can a law enforcement officer use to prevent an escape?

Any force reasonably believed to be necessary Signup and view all the answers

When can an officer use force to resist an arrest?

Never Signup and view all the answers

What is the definition of 'forcible felony' in Florida state law?

Treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; and other crimes involving physical force or violence Signup and view all the answers

What is the purpose of section 776.085 of the Florida Statutes?

To provide a defense to civil actions for damages Signup and view all the answers

What happens to a party who loses a civil action under section 776.085?

They lose privileges in prison, including canteen purchases and library use Signup and view all the answers

Why would a court stay a civil action under section 776.085?

During the pendency of a criminal action related to the same incident Signup and view all the answers

Under which circumstances is a person presumed to have held a reasonable fear of imminent peril?

When the person against whom defensive force was used or threatened was in the process of unlawfully and forcefully entering a dwelling Signup and view all the answers

What does the term 'dwelling' mean in the context of this statute?

A building or conveyance of any kind that is designed to be occupied by people lodging therein at night Signup and view all the answers

What is the purpose of section 776.09 of the Florida Statutes?

To retain records of persons found to be acting in lawful self-defense Signup and view all the answers

What happens to records related to persons found to be acting in lawful self-defense?

They are retained in the files of the state attorney or statewide prosecutor Signup and view all the answers

Under what circumstances does the presumption set forth in subsection (2) not apply?

All of the above Signup and view all the answers

What is a requirement for the defense authorized by section 776.085 to be established?

The participant has been convicted of a forcible felony or attempted forcible felony, or proof of the commission of such crime by a preponderance of the evidence Signup and view all the answers

What is the term for a dwelling in which a person resides either temporarily or permanently?

Residence Signup and view all the answers

When is a person justified in using or threatening to use force against another?

When the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on real property or personal property Signup and view all the answers

What is a consequence for the loser of a civil action under section 776.085?

Loss of privileges in prison, including canteen purchases and library use, and payment of attorney's fees Signup and view all the answers

What is the term for a conveyance of any kind that is designed to transport people or property?

Vehicle Signup and view all the answers

What is the relationship between section 776.08 and section 776.085?

Section 776.08 defines 'forcible felony', which is used in section 776.085 Signup and view all the answers

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

Never, according to the statute Signup and view all the answers

What is the significance of a finding of lawful self-defense under section 776.09?

It is documented in writing and retained in the files of the state attorney or statewide prosecutor Signup and view all the answers

What is the presumption when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?

The person is presumed to be doing so with the intent to commit an unlawful act involving force or violence Signup and view all the answers

What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?

There is an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person Signup and view all the answers

Under what circumstances does the person who uses or threatens to use defensive force have a duty to retreat?

The statute does not mention a duty to retreat Signup and view all the answers

What is the primary condition for a person to be justified in using or threatening to use force against another?

The person reasonably believes that using or threatening to use force is necessary to defend themselves or another. Signup and view all the answers

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

When the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm. Signup and view all the answers

What is the significance of the 'right to be' in a dwelling or residence?

It means the person has the right to stand their ground and use or threaten to use force. Signup and view all the answers

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

The level of harm intended to be inflicted. Signup and view all the answers

What is the significance of the 'imminent' requirement in the statute?

It means the threat of harm is immediate and unavoidable. Signup and view all the answers

What is the relationship between the right to stand one's ground and the duty to retreat?

The right to stand one's ground supersedes the duty to retreat. Signup and view all the answers

What is the consequence of using or threatening to use force in accordance with the statute?

The person is immune from both criminal prosecution and civil action. Signup and view all the answers

What is the significance of the 'forcible felony' requirement in the statute?

It means the person is using or threatening to use force to prevent a serious crime. Signup and view all the answers

What is presumed when a person unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle?

That the person is doing so with the intent to commit an unlawful act involving force or violence Signup and view all the answers

What is the term for a dwelling in which a person resides either temporarily or permanently?

Residence Signup and view all the answers

Under what circumstances does the presumption set forth in subsection (2) not apply?

All of the above Signup and view all the answers

What is the definition of a 'dwelling' in the context of this statute?

A building or conveyance of any kind that has a roof over it and is designed to be occupied by people lodging therein at night Signup and view all the answers

What is the term for a conveyance of any kind that is designed to transport people or property?

Vehicle Signup and view all the answers

When is a person justified in using or threatening to use force against another?

When the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property or personal property Signup and view all the answers

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

When the person is not in a dwelling, residence, or occupied vehicle Signup and view all the answers

What is the requirement for the person who uses or threatens to use defensive force to know or have reason to believe?

That an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred Signup and view all the answers

When is a person justified in using or threatening to use force, except deadly force?

What is the exception to the presumption set forth in subsection (2) when the person against whom defensive force is used or threatened has a right to be in the dwelling, residence, or vehicle?

If there is an injunction for protection from domestic violence or a written pretrial supervision order of no contact against the person Signup and view all the answers

What is the definition of 'forcible felony' in Florida state law?

Treason, murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, and unlawful throwing, placing, or discharging of a destructive device or bomb Signup and view all the answers

What happens to a party who loses a civil action under section 776.085?

The party will lose certain privileges provided by the correctional facility, and the party's attorney will be personally responsible for paying the costs of the action Signup and view all the answers

What is the purpose of section 776.09 of the Florida Statutes?

To retain records pertaining to persons found to be acting in lawful self-defense Signup and view all the answers

What is the requirement for the defense authorized by section 776.085 to be established?

The participant must have been convicted of a forcible felony Signup and view all the answers

Why would a court stay a civil action under section 776.085?

During the pendency of any criminal action which forms the basis for the defense Signup and view all the answers

What happens to records related to persons found to be acting in lawful self-defense?

They are retained in the files of the state attorney or statewide prosecutor Signup and view all the answers

What is the significance of a finding of lawful self-defense under section 776.09?

It is documented in writing and retained in the files of the state attorney or statewide prosecutor Signup and view all the answers

What is the relationship between section 776.08 and section 776.085?

Section 776.08 defines 'forcible felony', while section 776.085 provides immunity from criminal prosecution Signup and view all the answers

What happens when a party prevails based on the defense created by section 776.085?

The losing party, if convicted of and incarcerated for the crime or attempted crime, shall lose any privileges provided by the correctional facility Signup and view all the answers

What is the purpose of section 776.085 of the Florida Statutes?

To establish a defense to civil action for damages for personal injury or wrongful death Signup and view all the answers

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

When the officer reasonably believes the fleeing felon poses a threat of death or serious physical harm to others. Signup and view all the answers

What is the term for force that is likely to cause death or great bodily harm?

Deadly force Signup and view all the answers

Under what circumstances can a correctional officer use deadly force?

When the person is attempting to escape from a penal institution. Signup and view all the answers

What is the purpose of the statute regarding the use of force by law enforcement officers?

To define the circumstances under which a law enforcement officer can use force. Signup and view all the answers

What type of projectile is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person?

Less-lethal munition Signup and view all the answers

When is an officer not justified in using force?

When the arrest or execution of a legal duty is unlawful and known by the officer to be unlawful. Signup and view all the answers

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

If the person reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony Signup and view all the answers

What is the requirement for a law enforcement officer to make a lawful arrest?

The officer must have probable cause. Signup and view all the answers

What is the condition for a person to regain the justification of self-defense after initially provoking the use or threatened use of force?

If the person withdraws from physical contact with the assailant and indicates clearly that they desire to withdraw and terminate the use or threatened use of force Signup and view all the answers

When can a law enforcement officer use force to prevent an escape?

When the officer reasonably believes the use of force is necessary to prevent an escape. Signup and view all the answers

What is the term for a person who has been arrested and is in custody?

Arrested person Signup and view all the answers

What is the award that the court shall give to the defendant if the court finds that the defendant is immune from prosecution?

Reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action Signup and view all the answers

Under what circumstances may a law enforcement agency arrest a person for using or threatening to use force?

If the agency determines that there is probable cause that the force that was used or threatened was unlawful Signup and view all the answers

What is the purpose of the statute regarding the use of force to prevent escape?

To define the circumstances under which a law enforcement officer can use force to prevent an escape. Signup and view all the answers

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

Clear and convincing evidence Signup and view all the answers

What is the purpose of the self-defense statute?

To provide immunity from criminal prosecution and civil action for justifiable use or threatened use of force Signup and view all the answers

Under what circumstances is the justification of self-defense not available to a person?

If the person is attempting to commit, committing, or escaping after the commission of a forcible felony Signup and view all the answers

What is the requirement for a person to use or threaten to use force in self-defense?

The person must reasonably believe that such conduct is necessary to prevent the imminent commission of a forcible felony Signup and view all the answers

What is the definition of a law enforcement officer under s. 943.10(14)?

Any person who is acting in the performance of their official duties Signup and view all the answers

Study Notes

Justifiable Use of Force

Use of Force in Defense of Person

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

Use of Deadly Force

A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Home Protection

A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
- Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another.

Use of Force in Defense of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property.
A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.

Immunity from Criminal Prosecution and Civil Action

A person who uses or threatens to use force as permitted in the preceding sections of this chapter is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force.
The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution.

Law Enforcement Officers

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

Definitions

"Deadly force" means force that is likely to cause death or great bodily harm.
"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

Justifiable Use of Force

Use of Force in Defense of Person

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.

Use of Deadly Force

A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Home Protection

A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
- Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against the other's imminent use of unlawful force.
- Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another.
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another.

Use of Force in Defense of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property.
A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony.

Immunity from Criminal Prosecution and Civil Action

A person who uses or threatens to use force as permitted in the preceding sections of this chapter is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force.
The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution.

Law Enforcement Officers

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

Definitions

"Deadly force" means force that is likely to cause death or great bodily harm.
"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

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Description

This quiz covers the laws and regulations surrounding self-defense, including the use of force to defend oneself or others.