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22 Cards in this Set
- Front
- Back
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PC 9.01(3) Deadly Force
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Force that is intended or known by the actor to cause, or in the manner of its use or intedend use is capable of causing, death or serious bodily injury.
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CCP 15.24 What Force May Be Used
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In making an arrest, all reasonable means are premitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
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PC 9.02 Justification As A Defense
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It is a defense to prosecution that the conduct in question is justified under this chapter.
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PC 9.03 Confinement As Justifiable Force
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Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as as soon as ke knows he safely can unless the person confined has been arrested for an offense.
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PC 9.04 Threats As Justifiable Force
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The threat of force is justified when the use of force is justified by this
chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon 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. |
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PC 9.05 Reckless injury of innocent third person
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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 recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent
third person. |
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PC 9.06 Civil Remedies
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The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.
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PC 9.51 Arrest and Search
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(a) A peace officer, or a
person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if: (see p.11) |
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PC 9.21 Public Duty
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(a) Except as qualified by
Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process. (see p.9) |
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PC 9.22 Necessity
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Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary 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. |
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PC 9.31 Self-Defense
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(a) Except as provided in
Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force. (see p.10) |
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PC 9.32. DEADLY FORCE IN DEFENSE OF PERSON
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(a) A person is justified in using deadly force against another:(1) if he would be justified in using force against the other under Section 9.31;(2) if a reasonable person in the actor's situation would not have retreated; and
(3) when and to the degree he reasonably believes the deadly force is immediately necessary:(A) to protect himself against the other's use or attempted use of unlawful deadly force; or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.(b) The requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor. |
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PC 9.33. DEFENSE OF THIRD PERSON
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A person is justified in using force or deadly force against another to protect a third
person 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 immediately necessary to protect the third person. |
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PC 9.34. PROTECTION OF LIFE OR HEALTH.
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(a) A person is justified in using force, but not deadly force, against another
when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.(b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency. |
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PC 9.41. PROTECTION OF ONE'S OWN PROPERTY
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(a) 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 immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.(b) 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 immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit 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. |
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PC 9.42. DEADLY FORCE TO PROTECT PROPERTY
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A person is justified in using deadly force against another to protect land or tangible, movable property:(1) if he would be justified in using force against the other under Section 9.41; and(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and(3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury. |
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PC 9.43. PROTECTION OF THIRD PERSON'S PROPERTY
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A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or(2) the actor reasonably believes that: (A) the third person has requested his protection of the land or property;(B) he has a legal duty to protect the third person's land or property; or (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care. |
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PC 9.44. USE OF DEVICE TO PROTECT PROPERTY
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The justification afforded by Sections 9.41 and 9.43 applies to the use of a device to protect land or tangible, movable property if:(1) the device is not designed to cause, or known by the actor to create a substantial risk of causing, death or serious
bodily injury; and(2) use of the device is reasonable under all the circumstances as the actor reasonably believes them to be when he installs the device. |
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PC 9.61. PARENT-CHILD
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(a) The use of force, but not
deadly force, against a child younger than 18 years is justified:(1) if the actor is the child's parent or stepparent or is acting in loco parentis to the child; and(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.(b) For purposes of this section, "in loco parentis" includes grandparent and guardian, any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents. |
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PC 9.62. EDUCATOR-STUDENT
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The use of force, but not
deadly force, against a person is justified:(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and(2) when and to the degree the actorreasonably believes the force is necessary to further the special purpose or to maintain discipline in a group. |
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PC 9.63. GUARDIAN-INCOMPETENT
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The use of force, but not
deadly force, against a mental incompetent is justified: (1) if the actor is the incompetent's guardian or someone similarly responsible for the general care and supervision of the incompetent; and(2) when and to the degree the actor reasonably believes the force is necessary:(A) to safeguard and promote the incompetent's welfare; or (B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution. |
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CPRC 83.001. AFFIRMATIVE DEFENSE
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It is an affirmative
defense to a civil action for damages for personal injury or death that the defendant, at the time the cause of action arose, was justified in using deadly force under Section 9.32, Penal Code, against a person who at the time of the use of force was committing an offense of unlawful entry in the habitation of the defendant. |
