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No person may, by any intentional act reasonably likely to provoke a

No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense and thereupon kill, use, offer, or attempt to use force upon or toward another person. Therefore, if you find beyond a

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No person may, by any intentional act reasonably likely to provoke a

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  1. No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense and thereupon kill, use, offer, or attempt to use force upon or toward another person. Therefore, if you find beyond a reasonable doubt that the defendant was the aggressor, and that defendant’s acts and conduct provoked or commenced the fight, then self-defense is not available as a defense.

  2. Ceballos • Homicide is justifiable..when resisting any attempt to murder any person, or to commit a felony…or when committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise , to commit a felony. • Limited to defended against atrocious crimes (one that creates a reasonable fear of great bodily harm).

  3. Use of Force in Making Arrest • Durham • Deadly force can be used to arrest if necessary to overcome resistance, • Deadly force can not be use to arrest a fleeing misdemeanant. • Tennessee v. Garner • Suspect threatens police with deadly force. • Police have probable cause to believe that suspect has committed a crime involving the infliction of serious physical harm, if where feasible some warning is given.

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