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JUSTIFICATION

JUSTIFICATION. CHAPTER #5. Correctional Institution – any institution for incarceration Corrections Officer – full-time employee of Department of Corrections Dwelling – permanent / temporary structure housing an actor Peace Officer – law enforcement officer.

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JUSTIFICATION

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  1. JUSTIFICATION CHAPTER #5

  2. Correctional Institution – any institution for incarceration Corrections Officer – full-time employee of Department of Corrections Dwelling – permanent / temporary structure housing an actor Peace Officer – law enforcement officer Deadly Force – capable of causing death / serious bodily injury Unlawful Force – force for criminal purpose Bodily Injury – non-permanent / relatively easily healed Serious Bodily Injury – death / paralysis / life-threatening 501. Definitions

  3. 502. Justification a defense Justification (self-defense) is a defense for conduct that results in injury or death

  4. 503. Justification generally • 1.If means to escape are available must be used • 2.When force applied only enough to escape

  5. 505. Use of force to protect self – deadly force • 1. Fear of death 2. Fear ofserious bodily injury 3. Fear of being kidnapping 4. Fear of sexual assault

  6. 506. Use of force to protect others- deadly force • 1. Fear of death • 2. Fear of serious bodily injury • 3. Fear of kidnapping • 4. Fear of sexual assault

  7. 507. Use of force to protect property • 1. Must be based on the rules of force • 2. Deadly force cannot be applied unless inside residence and only if a felony is in progress

  8. 508. Use of force by police • Police Use of deadly force if: • 1. officer / public in fear of S.B.I. • Effecting an arrest: • 1. if officer loosing the arrest & escape eminent • 2. actor committed forcible felony / weapon / or detriment to safety of public

  9. Use of Force by Police • Assailant must have: • Weapon • Intent • Delivery System • Assailant must be able to inflict: • Break major bone • Create large, gaping wound • Damage internal organ • Cause death

  10. Court Standards for Police • 1. Police abuses that could “shock the conscience” • 2. Police abuse is “deliberate indifference or reckless disregard” for a person’s safety

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