Questions and Answers
What is the definition of Deadly Force?
What does Custody mean under PC 9.01?
Under arrest by a peace officer or under restraint pursuant to a court order.
Define Escape as per PC 9.01.
Unauthorized departure from custody.
Justification as a Defense is a valid defense to prosecution under PC 9.02.
Signup and view all the answers
When is confinement justified according to PC 9.03?
Signup and view all the answers
Threats as Justifiable Force are considered the use of deadly force.
Signup and view all the answers
What happens if reckless injury occurs to an innocent third party when using deadly force?
Signup and view all the answers
Justified conduct grants immunity from civil suits under PC 9.06.
Signup and view all the answers
What constitutes Self-Defense under PC 9.31?
Signup and view all the answers
When is the use of force not justified in resisting an arrest according to PC 9.31?
Signup and view all the answers
Justification of deadly force includes protecting against __________.
Signup and view all the answers
What is necessary to justify using deadly force to protect property under PC 9.42?
Signup and view all the answers
Match the following terms with their definitions:
Signup and view all the answers
Study Notes
Use of Force Penal Code Overview
- Deadly Force: Intention or capability of causing death or serious injury; legally defined under PC 9.01.
- Custody Definition: Involves being arrested by law enforcement or restrained by a public servant, including those confined due to criminal offenses.
- Escape: Defined as unauthorized departure or failure to return to custody; not applicable for temporary leaves as per PC 9.01.
Justifiable Conduct
- Justification as a Defense: Conduct can be justified under specific conditions in state law (PC 9.02).
- Confinement: Justifiable if reasonable efforts are made to terminate confinement unless arrest relates to an offense (PC 9.03).
- Threats: Threatening force is justified if actual force would be justified; merely displaying a weapon does not constitute deadly force (PC 9.04).
Liability and Duty
- Reckless Injury: If deadly force is justified but a bystander is harmed, the justification is void (PC 9.05).
- Civil Remedies: Justified actions are not immune from civil lawsuits, regardless of justification (PC 9.06).
- Public Duty: Conduct authorized by a court or government tribunal is justified; deadly force requires reasonable belief of necessity (PC 9.21).
Necessity and Self-Defense
- Necessity: Justification is valid if harm avoidance is urgent and clearly outweighs the harm sought to avoid under the law (PC 9.22).
- Self-Defense: Justifiable if reasonably necessary to protect against unlawful force; applies under various conditions related to prior provocation and criminal activity (PC 9.31).
Use of Force Restrictions
- Non-Justifiable Force: Includes reacting to verbal provocation, resisting lawful arrest, or using force while carrying a weapon unlawfully (PC 9.31).
- Limited Use Against Arrest or Search: Force can be resisted if the officer uses excessive force; however, deadly force is not justified (PC 9.31).
Deadly Force Applications
- Defense of Self: Allowed when immediate danger from unlawful deadly force is present (PC 9.32).
- Defense of Others: Based on similar self-defense principles, intervention must be immediately necessary (PC 9.33).
- Property Protection: Deadly force is justified to prevent certain crimes (e.g., arson, robbery) if no alternative means of protection is available (PC 9.42).
Guardian and Educator Permissions
- Parental Control: Force allowed for discipline or to promote welfare of a child under 18; includes guardians and relatives in position of responsibility (PC 9.61).
- Educator Rights: Force permitted to maintain discipline in educational settings; intended to further the purpose of education (PC 9.62).
- Incompetent Persons: Guardians may use non-deadly force to ensure welfare and discipline of those under their care (PC 9.63).
Enforcement and Facility Security
- Arrest & Search Warrant: Immediate force is justified to execute warrants or prevent escape; no duty to retreat when deadly force could be employed (PC 9.51).
- Escape from Custody: Use of deadly force is justified to prevent escape from correctional facilities (PC 9.52).
- Facility Security: Necessary force can be used in correctional settings to maintain safety and security for inmates and staff (PC 9.53).
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the crucial definitions and justifications related to the use of force under the Penal Code. This quiz will cover topics such as deadly force, custody, escape, and the legal implications of justifiable conduct. Test your understanding of PC 9.01 to PC 9.05 and learn how these laws are applied.
