Force Options BPOC Questions and Answer correct

Force Options BPOC Questions and Answer correct Deadly Force force that is intended or known by actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. Justification as a defense It is a defense to prosecution that conduct is justified under this chapter. Confinement (blank) is justified when force is justified, if actor takes reasonable measures to terminate confinement as soon as he safely can unless person has been arrested for offense Threat of force (blank) is justified when use of force is justified deadly force threat to cause death or SBI by the production of weapon or otherwise, as long as actors purpose is limited to creating an apprehension that he will use deadly force if necessary does not constitute (blank) Reckless injury of Innocent 3rd Person even if actor is justified in threatening or using force/deadly force, if in doing so recklessly injures or kills innocent third person, justification afforded by this chapter is unavailable Civil Remedies Unaffected 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. (can still be sued civilly for use of force/deadly force) When and to the degree actor reasonably believes force is immediately necessary to make or assist in making arrest or search or prevent or assist in preventing escape peace officer(or person acting in peace officers presence and at his direction) is justified in using force against another..... actor reasonably believes the arrest or search is lawful or if arrest/search is made under a warrant, believes warrant is valid e using force actor manifests his purpose to arrest or search and identifies self as peace officer unless he reasonable believes his identity/purpose is already known or cannot be made known A p.o. or person acting at p.o.'s direction is justified in using force if... person other than a peace officer (or one acting at his direction) is justified in using force against another..... justified in using force against another when/to the degree actor reasonably believes force is immediately necessary to make/assist in making a lawful arrest, or to prevent/assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and reason for the arrest or reasonably believes his purpose and the reason are already known or cannot reasonably be made known to person to be arrested. peace officer justified in using deadly force against another necessary to make arrest or prevent escape after arrest; 1. actor reasonably believes conduct for which arrest is authorized included use or attempted use of deadly force; or 2. actor reasonably believes there is a risk person to be arrested will cause death or SBI to actor or another if arrest is delayed person other than peace officer acting in po's presence and at his direction is justified in using deadly force person reasonably believes deadly force is immediately necessary to make lawful arrest, or to prevent escape after a lawful arrest 1. actor reasonably believes the felony or offense against public peace for which arrest is authorized included use or attempted use of deadly force; or 2. actor reasonably believes there is substantial risk that person to be arrested will cause death or serious bodily injury to another if the arrest is delayed. Ceballos v. Bridgewater 5th circuit ruled officer cannot use deadly force without immediate threat to self or others milstead v. kibler 4th circuit ruled police officers performing discretionary function enjoy an immunity that shields them from liability for civil damages unless (1) the officers' conduct violates federal statutory or constitutional right, and (2) right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right use of force against another justified under self-defense actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force statute, war under Public Duty, deadly force is not justified unless the actor reasonably believes the deadly force is specifically required by (blank) or unless it occurs in the lawful conduct of (blank) law, competent court, legal process under Public Duty, conduct is justified if the actor reasonably believes the conduct is required or authorized by (blank), by the judgement or order of a (blank), or other governmental tribunal, or in the execution of (blank) even if court/tribunal lack jurisdiction or process in unlawful under Public Duty, justification is afforded if the actor reasonably believes the court or governmental tribunal has jurisdiction or the process is lawful.... even though the servant exceeds his lawful authority under Public Duty, justification is afforded if the actor reasonably believes his conduct is required of authorized to assist a public servant in the performance of his official duty.... imminent harm under Necessity, conduct is justified if the actor reasonably believes the conduct is immediately necessary to avoid (blank) desirability, urgency under Necessity, conduct is justified if the (blank) and (blank) of avoiding the harm clearly outweigh the harm sought to be prevented by the law prescribing the conduct unlawful force under Self Defense, a person is justified in using force against another when the actor reasonably believes the force is immediately necessary to protect the actor against the others use or attempted use of (blank) actor knew or had reason to believe the person against whom the force was used: 1. unlawfully and with force entered or was attempting to enter the actors occupied habitation, vehicle, place of business/employment 2. unlawfully and with force removed, was attempting to remove the actor from his habitation, vehicle, place of business/employment 3. was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery under Self Defense, when is the actors belief that force was immediately necessary presumed to be reasonable? actor did not provoke the person against whom the force was used and the actor was not engaged in criminal activity (other than Class C misdemeanor that is a violation of law/ordinance regulating traffic) under Self Defense, when is the actors belief that force was immediately necessary presumed to be reasonable? 1. in response to verbal provocation alone 2. to resist an arrest/search being made by peace officer(or person acting in his presence and direction) even though the arrest/search is unlawful 3. actor consented to exact force used or attempted by other 4. if the actor provoked the others use or attempted use of unlawful force unless, 1. the actor abandons he encounter, or clearly communicates his intent to do so reasonably believing he cannot safely do so and the other nevertheless continues or attempts to continue to use unlawful force against actor under Self Defense, when is the use of force against another not justified? 1. carrying a weapon in violation of 46.02 (unlawful carrying weapons) 2. possessing or transporting a weapon in violation of 46.05 (prohibited weapons) under Self Defense, the use of force against another is not justified if the actor sought an explanation or discussion with the other concerning their differences while the actor was..... before actor offers any resistance 1. the peace officer (or person acting under his direction) uses or attempts to use greater force than necessary to make the arrest or search and 2. the actor reasonably believes the force is immediately necessary to protect himself against the peace officers (or others) use or attempted use of greater force than necessary under Self Defense, when is the use of force to resist an arrest or search justified? retreat under Self Defense, a person who has a right to be present at the location where force is used, who has not provoked the person against whom the force was used, and who is not engaged in criminal activity at the time force is used is NOT required to (blank) before the force is used deadly force 1. protect the actor against the others use or attempted use of unlawful deadly force 2. prevent the others imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery a person is justified in using (blank) against another if the actor would be justified in using force under 9.31(Self Defense) and when actor believes (blank) is immediately necessary to 1. and 2. if actor knew or had reason to believe person against whom deadly force was used 1. unlawfully and with force entered/attempted to enter actors occupied habitation, vehicle, place of business/employment 2. unlawfully and with force removed/attempted to remove the actor from his habitation, vehicle, place of business/employment 3. was committing/attempting to commit agg kid, murder, sex. asslt., agg sex. asslt., rob, agg rob under Deadly Force in Defense of person, when is the actors belief that deadly force was immediately necessary presumed to be reasonable? 4. did not provoke person against whom force was used 5. was not engaged in criminal activity, other than Class C misdemeanor in violation of law/ordinance regulating traffic at the time force was used under Deadly Force in Defense of Person, when is the actors belief that deadly force was immediately necessary presumed to be reasonable? no, if person has a right to be present at location where deadly force is used, who has not provoked the person against whom deadly force is used, and is not engaged in criminal activity at the time deadly force is used under Deadly Force in Defense of Person, is a person required to retreat before using deadly force? if actor is justified under 9.31 (self defense), 9.32 (deadly force in defense of person) 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 actor reasonably believes his intervention is immediately necessary to protect the third person when is a person justified in using force or deadly force against another in defense of a third person? force, but not deadly force what type of force can a person use if they reasonably believe it is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself. (Protection of Life or Health) civil immunity a defendant who uses force or deadly force that is justified under Ch 9, Penal Code is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable. force A person in lawful possession of land/tangible, movable property is justified in using (blank) against another when 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. immediately or in fresh pursuit after the dispossession and 1. the actor reasonably believes the other had no claim of right or; 2. the other accomplished the dispossession by using force, threat, or fraud against the actor a person dispossessed of land or tangible movable property is justified in using force against another when the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force..... the arrest under which the person is in custody the use of force to prevent the escape of an arrested person from custody is justifiable when the force could have been employed to effect........