Chapter 8 Powerpoint pt. 3

Question 1

The common law generally limited the privilege of __________ in ________ __ _______ to the protection of spouses, family, employees, and employers.

Answer 1

intervention

defense of others

Question 2

The ________ _____ generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers.

Answer 2

common law

Question 3

The common law generally limited the privilege of intervention in defense of others to the protection of ________, _______, _________, and _________.

Answer 3

spouses
family
employees
employers

Question 4

True or False: You may intervene to protect another, but you are not required to intervene.

Answer 4

True

Question 5

True or False: The defense of others under the common law applies to spouses, family, employees, and employers; but this is no longer the general rule.

Answer 5

True

Question 6

The early approach in the United States was the ______ ____ _____.

Answer 6

alter ego rule

Question 7

Alter Ego Rule provides that an individual intervening “______ __ ___ _____” or possesses the “_____ _____” as the person whom he or she is assisting.

Answer 7

stands in the shoes

same rights

Question 8

______ ____ _____ provides that an individual intervening “stands in the shoes” or possesses the “same rights” as the person whom he or she is assisting.

Answer 8

Alter Ego Rule

Question 9

The Objective Test for Intervention in the Defense of Others is found in what section of the Model Penal Code?

Answer 9

Model Penal Code Section 3.05

Question 10

Objective Test for Intervention in the Defense of Others, provides that an individual is justified in using force to protect another whom he or she reasonably believes, under what circumstances?

Answer 10

(1) is in immediate danger
(2) is entitled under the Model Penal Code to use protective force in self-defense
(3) such force is necessary for the protection of the other person

Question 11

The home has historically been viewed as a place of ______, _______, and _______.

Answer 11

safety
security
shelter

Question 12

There is no uniform approach today, and statutes typically limit deadly force to those situations in which deadly force is reasonably believed to be required to prevent the entry of an intruder who is reasonably believed to intend to commit “a ______” in the dwelling.

Answer 12

felony

Question 13

Some states have “_____ ___ ____ laws.”

Answer 13

make my day

Question 14

The common law is sufficiently _____ to permit deadly force against a _____, ______, or ______ who mistakenly stumbles into the wrong house.

Answer 14

broad
rapist
burglar
drunk

Question 15

The _______ _____ is sufficiently broad to permit deadly force against a rapist, burglar, or drunk who mistakenly stumbles into the wrong house.

Answer 15

common law

Question 16

_____ ___ ____ laws allow for the use of any degree of force against an intruder who “might use physical force…no matter how slight against any occupant.”

Answer 16

Make My Day

Question 17

What happened in the People v. Ceballos case?

Answer 17

• The Defendant lived alone in a home.
• After some tools had been stolen from his home, the Defendant mounted a .22 caliber pistol in his garage.
• On the day in question, two boys, age 15 and 16, attempted to break into the Defendant’s home.
• Upon opening the garage door, one of the boys was shot in the face by the gun.
• Don Ceballos (Defendant), was convicted by a jury of assault with a deadly weapon

Question 18

The enforcement of criminal law requires that the police ______, ______, and _________ individuals and seize and secure property.

Answer 18

detain
arrest
incarcerate

Question 19

The enforcement of criminal law requires that the police detain, arrest, and incarcerate individuals and ______ and _______ property.

Answer 19

seize

secure

Question 20

This interference with life, liberty, and property would ordinarily constitute a criminal offense. The law, however, provides a defense to individuals executing ______ ______.

Answer 20

public duties

Question 21

The public interest in the enforcement of the law justifies intruding on _________ ______.

Answer 21

individual liberty

Question 22

Legal Equation of Deadly Force:
An arrest= ________ ______ + law enforcement officer and civilian acting under officer’s direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

Answer 22

fleeing felon

Question 23

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under _______’s _________ + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

Answer 23

officer’s direction

Question 24

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer’s direction + felony arrest + no substantial risk of _______ to _________ + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

Answer 24

injury

innocents

Question 25

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer’s direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of _______ ______ + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

Answer 25

deadly force

Question 26

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer’s direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of ______ or serious ______ or ______ if apprehension delayed + warning where feasible

Answer 26

death
injury
death

Question 27

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer’s direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + ________ where feasible

Answer 27

warning

Question 28

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer’s direction + _______ ______ + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

Answer 28

felony arrest

Question 29

Historically, law enforcement was allowed to use deadly force on fleeing suspects on the notion that felons have forfeited the right to life because?

Answer 29

they are “outlaws at war with society.”

Question 30

Why have limitations on the use of deadly force to apprehend suspects?

Answer 30

(1) The shooting of suspects may lead to community alienation and anger
(2) Bystanders may be harmed or injured by stray bullets
(3) Substantial monetary damages may be imposed on a municipality in civil suits alleging that firearms were properly employed
(4) Police officers who employ deadly force can suffer psychological stress, strain, and low morale, and may change careers or retire

Question 31

The __________ __ ______ case established the standard to be employed in criminal prosecutions against officers charged with the unreasonable utilization of deadly force.

Answer 31

Tennessee v. Garner