Use Of Force Essay

1028 Words 5 Pages
The lawfulness of the use of force is determined in court on the basis of it being used by a public officer in performing his/her legal duty or a person assisting or acting under the direction of an officer. Another key point is when force is used by a person who is arresting another who has committed a felony and bringing him/her to a competent officer who can receive the person into the custody. Furthermore, it is determined on the basis of the force being used by a person in his/her own defense, or another person aiding the person and in lawfully defending personal property, only if the use of force is necessary.
In addition, the lawfulness is determined on the basis of the force being reasonably used to detain a person who unlawfully
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In the second point, there should be substantial evidence to prove that the person has committed felony. In the third point, the use of force in one’s defense should be beyond the reasonable doubt and necessary. This is the same in the fourth point since the manner and duration of the person in the premise needs to be examined and established that the premise isn’t open to the public. For the person who doesn’t obey the regulation, the use of force should be reasonable and should suggest in doing so the person endangered his/her own life or the life of others. Lastly, for a person who is mentally ill, disabled or incompetent, it is necessary to use force if he/she endangers his/her own life or the lives of …show more content…
In the United States, the adversarial system is essential within the criminal system since the state prosecutor should have a right to take legal action and the defendant should be presumed innocent until proven guilty. The judge has a role to rule with impartiality and without influence depending on the evidence provided. There is also the need for rules and the procedures that govern the whole process with the truth coming out of an adversarial contest. In addition, the defendant has a right to a legal representation. Hence, the adversarial system is necessary to ensure that the charged is subjected to a fair trial and that justice prevails (FINKELSTEIN,

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