Defense of Habitation / Prevention of Felony and Escape

Question 1

Defense of Property

Answer 1

One is justified in using reasonable force to protect his property from trespass or theft, when
he reasonably believes that his property is in immediate danger of such an unlawful interference AND

that the use of such force is necessary to avoid that danger.

Question 2

Defense of Property Deadly force

Answer 2

Deadly force is never reasonable EXCEPT

where the unlawful interference with property is accompanied by a threat of deadly force (in which case it is proper to use deadly force in self-defense) , OR

where the unlawful interference involves an invasion of an occupied dwelling house under circumstances causing the defender reasonably to believe that the invader intends to commit a felony therein or to do serious bodily harm to its occupants.

Question 3

Prevention of a crime

Answer 3

One, not necessarily a police officer, is justified in using reasonable force to prevent or terminate what he reasonably believes to be the commission of a misdemeanor amounting to a breach of the peace or of a felony, but it is not reasonable to use deadly force except in the case of a “dangerous” felony.

Question 4

Reasonable Force

Answer 4

A police officer, or a person aiding him, is justified in using reasonable force to make a lawful arrest OR

to prevent the escape from custody of one already arrested.

However, deadly force by an officer is constitutionally permissible only upon probable cause to believe that the person to be arrested poses a threat of serious physical harm, either to the officers or others.

Question 5

Police or Private person arrest without warrant

Answer 5

At common law a police officer or private person may arrest without an arrest warrant for a felony or breach of the peace committed in his presence.

An officer may arrest without a warrant for a felony not in his presence if he has reasonable grounds to believe

(a) that a felony has been committed, AND

(b) that the person to be arrested committed it.

A private person, however, is privileged to make such an arrest only if the felony has in fact been committed.

Question 6

Self Defense

Answer 6

Immediate
Necessary
Proportionate
Reasonable

Question 7

Deadly Force

Answer 7

justified in using force that is likely to cause death or serious bodily injury (“deadly force”) only if the person reasonably believes:

the attacker is about to use unlawful deadly force

and that deadly force is the only way to prevent the attacker from using the unlawful deadly force

Question 8

Duty to Retreat

Answer 8

never required unless one can do so in “complete safety”

retreat is only necessary before using deadly force, not non-deadly force

one is never required to retreat in one’s home (“castle doctrine”)

Question 9

Initial Aggressor

Answer 9

not entitled to self defense

unless you abandon the combat

or the other party has responded with excessive force