HRS 703 Flashcards
Under 703-309 when is for NOT justifiable
Throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a minor under 3 years old, interfering with breathing, or threatening with a deadly weapon and…..
The force doesn’t intentionally, knowingly, recklessly, or negligently create risk of substantial bodily injury, disfigurement, extreme pain, or mental distress and neurological damage
Definition of deadly force
1) force used with the INTENT of causing death or serious bodily injury
2) force known to be capable of creating a substantial risk of causing death or serious bodily injury
3) intentionally fire a firearm in the direction of another or in the direction where another is believed to be
4) a threat to cause death or serious bodily injury with a weapon
Definition of force
Any bodily impact, restraint, or confinement, or the threat thereof
Definition of unlawful force
1) force used without the consent of the person whom it is directed against and…
2) the use of it constitutes an offense or would constitute an offense
3) a person cannot consent to infliction of death, or serious or substantial bodily injury
Explain choices of evils (703-302)
Permits a person in certain situations to justify obedience to criminal law if the harm he was trying to avoid by breaking the law far outweighs the harm that could have happened (ex. A person without a license drives a car to get medical help for someone in need)
Person is not justified if the person was reckless or negligent in Beijing about the situation
Conduct is justifiable when it is required or authorized by…
703-303 execution of public duty
- The law defining the duties or functions of a public officer
- gives preference to other contrary provisions regarding force and deadly force
- permits the use of the defense in which the person believes his conduct is required or authorized
Person using FORCE must believe that…..
703-304 use of force in self-protection
1) it is immediately necessary for the purpose of protecting himself
2) the suspect or assailant will use unlawful force
3) the immediate use of force is required
4) the amount of force used is necessary
Use of DEADLY FORCE is justifiable if….
He/she believes that deadly force is necessary to protect themself against
1) death
2) serious bodily injury
3) kidnapping
4) rape
5) forcible sodomy
Use of FORCE is NOT justifiable if…
1) to resist an arrest being made by law enforcement officer, although the arrest is unlawful
2) to resist force used by the occupier or possessor of property or by another person on his behalf for the right to protect
Use of DEADLY force is NOT justifiable if…
1) the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter
2) the actor knows that he can avoid the necessity of using force with complete safety by retreating or surrendering or refrain from taking action which he has no legal duty to do
A person may use force to protect another person when the actor believes…..
703-305
The other person would have been justified in protecting himself, and his intervention is necessary to protect the other person
Use of force is allowed to protect property if the person believes that such force is immediately necessary to…
Prevent criminal trespass or burglary or to prevent theft, criminal mischief, or any trespassory taking of property.
In regards to property, before force can be used the person…
Must make a request to stop interfering with the property.
In regards to property a request to stop is not needed if the person believes…
- it would be useless
- it would be dangerous to himself or another person to make the request to stop
- it would give the suspect more time to do substantial damage to the property
Use of DEADLY FORCE is justified in protection of property if…
The suspect is attempting to take away a persons dwelling with no right to do so
The person is attempting felonious property damage, burglary, robbery, or felonious theft
You are allowed to use a device for protection of property if…
It is not designed to cause or known to create a substantial risk of causing death or serious bodily injury
and it is reasonable under the circumstances
and care is taken to make know. To probable intruders that is used
In regards to law enforcement use of force is justifiable when…
The actor is making or assisting in making an arrest and believes such force is immediately necessary
In regards to law enforcement use of deadly force is not justified unless…
A) arrest is for a felony and
B) person effecting arrest is a law enforcement officer or believes assisting a law enforcement officer and
C) believe that the force creates no substantial risk of injury to innocent persons
