Questions and Answers
What is justified under Chapter 9 of the Texas Penal Code?
When is confinement justified according to Chapter 9?
When force is justified and reasonable measures are taken to terminate the confinement as soon as it is safe.
A threat to cause death or serious bodily injury does not constitute the use of deadly force if limited to creating apprehension.
True
What happens if an actor recklessly injures or kills an innocent third person while justified in using force?
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What does the justification under Chapter 9 not affect?
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When is conduct justified according to public duty in Chapter 9?
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Under what conditions is conduct justified to avoid imminent harm?
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A person is justified in using force against another only in response to verbal provocation.
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What must a person not be engaged in for self-defense to be justified?
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Study Notes
Justification as a Defense
- Conduct can be justified as a defense against prosecution under specified conditions in the Penal Code.
Confinement as Justifiable Force
- Confinement using justified force is valid if reasonable steps are taken to end it when safely possible.
- This does not apply if the person confined has been lawfully arrested for an offense.
Threats as Justifiable Force
- Threatening force is considered justified when actual use of force is justified.
- Creating apprehension of deadly force, through a weapon or otherwise, without actual use is not classified as deadly force.
Reckless Injury of Innocent Third Person
- Justification for using force does not cover reckless injury or death of an innocent person.
- If harm comes to a third party due to justified actions, the justification is not valid for prosecution related to that harm.
Civil Remedies Unaffected
- Justification under the Penal Code does not negate any civil remedies available for the conduct in question.
Public Duty
- Conduct is justified if the actor believes it is required or authorized by law or a government entity.
- The use of deadly force must be supported by statutory belief or lawful wartime conduct, with no duty to retreat if justified.
- Justification extends even if a tribunal lacks jurisdiction, provided the actor believes it is lawful.
Necessity
- Conduct can be justified to avoid imminent harm if:
- The belief in immediate necessity is reasonable.
- The urgency of preventing harm outweighs the legal harm caused by the conduct.
- No legislative intent to exclude this justification appears.
Self Defense
- A person can use force if it is reasonably believed necessary to protect against unlawful force.
- Reasonable belief is presumed if:
- The aggressor unlawfully attempts entry into the actor’s dwelling or vehicle.
- The aggressor unlawfully takes or attempts to take the actor from their premises.
- The aggressor is committing serious crimes like murder or robbery.
- Force is not justified in response to mere verbal provocation or to resist a lawful arrest or search.
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Description
Test your knowledge on Texas Penal Code Chapter 9 with these flashcards. This chapter covers justifications as a defense and justifiable confinement, essential concepts in understanding criminal law in Texas. Review important definitions and legal principles to enhance your legal knowledge.
