Deadly Force

Deadly Force

Definition

Deadly force is bodily force exerted reasonably on another person in a particular situation and is expected without doubt to bring about death or serious physical injury . Deadly force is generally justifiable if it is used for self-defense , defense of a third person , crime prevention or law enforcement (USLegal .com , 2008

In for an act of deadly force to be constitutional , the following legal elements must be present in its commission : 1 . one must reasonably believe , 2 . it is necessary , 3 . to defend oneself or another person , 4

br against the use of physical force that is 5 . imminent , 6 . unlawful and 7 . deadly (Haemer , 2003 . Responding with deadly force when confronted with deadly force that is immediate , can not be avoided and will surely cause you or another severe injury or death is generally justified

Belief should be reasonable subjectively and objectively , that is , a person should personally believe that deadly force is necessary in the situation and then contemplate if an average person would act similarly if put in the same situation (Haemer , 2003 . There are states that only accept objective reasonableness of belief , some accept subjective reasonableness to be sufficient (e .g . Ohio ) while others require both

Laws Pertaining to Deadly Force

Laws vary among states in the degree that deadly force is permitted , in what circumstances and by whom , i .e . private citizens or police officers . Indiana , along with 22 other states in the South and Midwest allows property owners to use deadly...