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3 Cards in this Set

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196 P.C.
JUSTIFIABLE HOMICIDE-
Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either.
Elements:1. In obedience to any judgment of a competent Court. 2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty.3.When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.
198 P.C.
BARE FEAR NOT TO JUSTIFY KILLING; REASONABLE FEAR-
A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it.
Elements:1. But the circumstances must be sufficient to excite the fears of a reasonable person in like circumstances.2. The person must not act under the influence of fear alone. there has to be some circumstance or overt act apart from the officer's fear.3. The decision to use deadly force must be made to save one's self or another from GBI or death
835 P.C.
METHOD OF ARREST; REASONABLE RESTRAINT-
An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his arrest and detention.