Chapter 704 - Force - Reasonable Or Deadly - Defenses Flashcards
What is reasonable force?
704.1 -
“ 1. Reasonable force’ means that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe such force is necessary to avoid injury/risk to life or safety, or that such force is necessary to resist a like force or threat.
- A person may be wrong in the estimation of danger/force necessary to repel the danger as long as there is reasonable basis for the belief and the person acts reasonably in response to that belief.
- A person who is not engaged in illegal activity has no duty to retreat from anywhere they’re lawfully present before using force as specified in 704.”
What does “deadly force” mean?
704.2 - Deadly Force
“A. Force used for the purpose of causing serious injury.
B. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result.
C. The discharge of a firearm, other than a less lethal munition and discharged by a peace/corrections officer in the line of duty, in the direction of a person with knowledge of the person’s presence, even though no intent to inflict serious physical injury can be shown.”
Does a threat to cause serious injury/death to defend oneself constitute deadly force?
704.2 - Deadly Force
Not as long as the threat or production/display/brandishing of a deadly weapon is limited to creating an expectation that the person may use deadly force to defend oneself, another, or as authorized by law.
What is a justifiable use of deadly force?
704.2A - Justifiable Use of Deadly Force
“1. DF is necessary to avoid injury/risk to life or safety in either of the following circumstances:
A. The person against whom force is used is, at the time the force is used, is doing any of the following: entering or remaining in a dwelling/business/occupied vehicle of the person using force. Or unlawfully removing another person from the above locations against the other person’s will.
B. The person using force knows/has reason to believe the above is occurring. “
When is deadly force not justifiable?
704.2A - Justifiable Use of Force
A. The person using force is engaged in a criminal offense, attempting to escape the scene of a criminal offense, or using the dwelling/business/occupied vehicle to further an offense.
B. The person being removed is a child/grandchild or is otherwise in lawful custody/guardianship of the person whom force is used against.
C. The person against whom force is used is a peace officer attempting to enter a dwelling/business/occupied vehicle in performing their duties.
D. The person against whom force is used has the right to be in the dwelling/business/occupied vehicle, and a no-contact order is not in effect.
What must happen after a person uses deadly force?
704.2B - Use of Deadly Force - Duties - Evidence
- The person shall notify/cause another to notify LE agency about the use of DF in a reasonable time period after using DF if the person/a person is capable of providing such notification.
- Person using DF shall not intentionally destroy/alter/conceal/disguise physical evidence related to the use of DF, and shall not intentionally intimidate witnesses into refusing to cooperate with any investigation or alter testimony about the use of DF.
A person is justified in the use of reasonable force when…
704.3 - Defense of self or another
…the person reasonably believes that such force is necessary to defend oneself or another from any actual or imminent use of unlawful force.
704.4 - Defense of Property
“A person is justified to use RF to prevent/terminate criminal interference with the person’s possession or other right in property…”
What devices does this not authorize?
“Nothing in this section authorizes the use of any unattended/unsupervised spring gun or trap placed to prevent or terminate criminal interference”
When is the defense of justification not available?
704.6 - When defense not available
“1. One who is participating in a forcible felony, riot, or duel.
- One who initially provoked the use of force against oneself, with the intent to use force as an excuse to inflict injury in the assailant.
- One who initially provokes UOF against oneself by one’s unlawful acts, unless
A. Such force is grossly disproportionate to the provocation, and is so great the person reasonably believes the person is in imminent danger of death/serious injury, or
B. The person withdraws from physical contact with the other, indicating clearly to the other that the person desires to terminate the conflict but the other continues/resumes UOF
