JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY Flashcards
The _____ of force is justified when the _____ force is justified by this chapter. For purposes of this section, a threat to cause _____ or _____ by the production of a _____ or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
threat; use of; death; serious bodily injury; weapon
Confinement is justified when _____ is justified by this chapter if the actor takes reasonable measures to _____ the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.
force; terminate
Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also _____ injures or kills an innocent _____ person, the justification afforded by this chapter is _____ in a prosecution for the _____ injury or killing of the innocent _____ person.
recklessly; third; unavailable; reckless; third
(c) The use of deadly force is _____ under this section unless the actor _____ believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to _____ before using it.
not justified; reasonably; retreat
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately _____ 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.
necessary
A person is justified in using force or deadly force against another to protect a _____ if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is _____ to protect the third person.
third person; immediately necessary
A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is _____ to prevent or terminate the other’s trespass on the land or unlawful interference with the property.
immediately necessary
A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is _____ to reenter the land or recover the property if the actor uses the force immediately or in _____ after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
immediately necessary; fresh pursuit
The use of force to prevent the escape of an arrested person from custody is justifiable when the force _____ been employed to effect the arrest under which the person is in custody, except that a guard employed by a correctional facility or a peace officer is justified in using _____, including deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.
could have; any force
