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Subject:
Justifiable force
Category: Reference, Education and News Asked by: general1-ga List Price: $2.00 |
Posted:
13 Aug 2002 17:15 PDT
Expires: 12 Sep 2002 17:15 PDT Question ID: 54300 |
What are the different types of justifiable force according to the law in list form? |
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There is no answer at this time. |
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Subject:
Re: Justifiable force
From: robertskelton-ga on 13 Aug 2002 17:26 PDT |
Laws rarely spell out in black and white what you can and cannot do. Justifiable force is typically relative to the situation and the perception of the person who uses it. Texas law says: Conduct is justified if. (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear. http://www.texaspolicecentral.com/title_2.htm#9.02%20Justification%20as%20a%20defense An absurd hypothetical case would be me shooting someone who was threatening me with a snail. If I genuinely believed that the snail was a deadly weapon, then the law might excuse my actions (though I doubt any jury would). |
Subject:
Re: Justifiable force
From: wengland-ga on 14 Aug 2002 08:01 PDT |
It is going to vary by state. In contrast to the Texas law cited above, New York State law requires you to take every possible action to exit the area before you take defensive action. "the actor may not use deadly physical force if he knows that he can with complete safety as to himself and others avoid the necessity of so doing by retreating;" From NY State Penal Cdde, Section 35 http://ourworld.compuserve.com/homepages/Jacob_J_Rieper/pls35.htm |
Subject:
Re: Justifiable force
From: ibid-ga on 17 Aug 2002 13:07 PDT |
You may be thinking of the "justification defense". According to Black's Law Dictionary,7th edition, "Traditionally the following defenses were justifications: consent,self-defense, defense of others, defense of property, necessity(choice of evils), the use of force to make an arrest, and the use of force by public authority." |
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