Justifiable Use of Force

Force, under ceratin circumstances, is justifiable.

The use of violence or aggression on another person--legally known as "force"--may be justified depending on the situation. In some cases, Even the use of deadly force may be justified. Protecting yourself, your home or another person may warrant the use of force. However, the use of unjustifiable force could result in criminal penalties.

The Law

Force may be justified if your life is threatened.

For force to be considered justifiable, the threat itself must be unavoidable and immediate. For example, if a person has a knife at your throat, the use of force on your part is justified. However, justified force must stop once the threat ends. Also, the amount of force you use must be at an appropriate level under the circumstance. If you defend yourself by knocking an attacker down, you may not legally continue to harm the attacker when he is no longer putting up a fight.

Ability To Do Harm

A baseball bat may be considered a deadly weapon.

For force to be justified, including lethal force, your attacker must demonstrate the ability to actually cause you harm. Attacking someone for making verbal threats may not be justified. However, if the person making the threats is holding a weapon, that changes the circumstances. The weapon need not be a gun or knife, but any object that can cause harm if used in a violent way. Force may also be justifiable if you are attacked by a group of people, or you are at a disadvantage against one individual.

Police Force

Police have the right to use force while making an arrest.

The police have the right to use justified force while apprehending a suspect or trying to prevent a crime. Police may use lethal or non-lethal means, depending on the circumstance. For example, if a suspect draws a gun on an officer and fires, the officer has the right to fire back. However, the officer doesn't have the right to shoot an unarmed suspect if the suspect has already surrendered. Citizens being arrested do not have the right to use force against the arresting officer.

Property Defense

You have the right to use force to defend your home.

Defending yourself and your property can warrant justifiable force; however regulations apply to both threats. If someone illegally enters your property, you have the right to use force to remove him, and the right to use deadly force only if your life is in danger. Using deadly force in a situation that does not warrant it may see you facing criminal charges. If the person has a legal right to enter your home (such as a residing family member, roommate or landlord), you may not use force to remove them.

Limitations

Force is not justified if you are the attacker.

Force is only justified in self-defense, and not if you are the attacker. For example, if you start a fight or cause a reasonable threat to another, you cannot claim self-defense. With a citizen's arrest, degrees of force allowed depend on the situation and the state. For example, citizens in Kentucky have the right to kill a fleeing suspected felon, but Utah bans the use of deadly force when making a citizen's arrest under any circumstance.

References

• Use of Force: Step One---The Central Ideas: Ability, Opportunity, Jeopardy, and Preclusion
• The Florida Senate: Justifiable Use of Force
• Missouri General Assembly: Chapter 563 Defense of Justification
• Constitutional Business: Citizens' Arrest

Resources

• RKBA: Violence in America--Effective Solutions
• CNN: War Sometimes Justified, Obama Says In Nobel Peace Prize Speech