Chapter 8 Powerpoint pt. 3 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 8 Powerpoint pt. 3 > Flashcards

Flashcards in Chapter 8 Powerpoint pt. 3 Deck (31):
1

The common law generally limited the privilege of __________ in ________ __ _______ to the protection of spouses, family, employees, and employers.

intervention
defense of others

2

The ________ _____ generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers.

common law

3

The common law generally limited the privilege of intervention in defense of others to the protection of ________, _______, _________, and _________.

spouses
family
employees
employers

4

True or False: You may intervene to protect another, but you are not required to intervene.

True

5

True or False: The defense of others under the common law applies to spouses, family, employees, and employers; but this is no longer the general rule.

True

6

The early approach in the United States was the ______ ____ _____.

alter ego rule

7

Alter Ego Rule provides that an individual intervening “______ __ ___ _____” or possesses the “_____ _____” as the person whom he or she is assisting.

stands in the shoes
same rights

8

______ ____ _____ provides that an individual intervening “stands in the shoes” or possesses the “same rights” as the person whom he or she is assisting.

Alter Ego Rule

9

The Objective Test for Intervention in the Defense of Others is found in what section of the Model Penal Code?

Model Penal Code Section 3.05

10

Objective Test for Intervention in the Defense of Others, provides that an individual is justified in using force to protect another whom he or she reasonably believes, under what circumstances?

(1) is in immediate danger
(2) is entitled under the Model Penal Code to use protective force in self-defense
(3) such force is necessary for the protection of the other person

11

The home has historically been viewed as a place of ______, _______, and _______.

safety
security
shelter

12

There is no uniform approach today, and statutes typically limit deadly force to those situations in which deadly force is reasonably believed to be required to prevent the entry of an intruder who is reasonably believed to intend to commit “a ______” in the dwelling.

felony

13

Some states have “_____ ___ ____ laws.”

make my day

14

The common law is sufficiently _____ to permit deadly force against a _____, ______, or ______ who mistakenly stumbles into the wrong house.

broad
rapist
burglar
drunk

15

The _______ _____ is sufficiently broad to permit deadly force against a rapist, burglar, or drunk who mistakenly stumbles into the wrong house.

common law

16

_____ ___ ____ laws allow for the use of any degree of force against an intruder who “might use physical force…no matter how slight against any occupant.”

Make My Day

17

What happened in the People v. Ceballos case?

-The Defendant lived alone in a home.
-After some tools had been stolen from his home, the Defendant mounted a .22 caliber pistol in his garage.
-On the day in question, two boys, age 15 and 16, attempted to break into the Defendant’s home.
-Upon opening the garage door, one of the boys was shot in the face by the gun.
-Don Ceballos (Defendant), was convicted by a jury of assault with a deadly weapon

18

The enforcement of criminal law requires that the police ______, ______, and _________ individuals and seize and secure property.

detain
arrest
incarcerate

19

The enforcement of criminal law requires that the police detain, arrest, and incarcerate individuals and ______ and _______ property.

seize
secure

20

This interference with life, liberty, and property would ordinarily constitute a criminal offense. The law, however, provides a defense to individuals executing ______ ______.

public duties

21

The public interest in the enforcement of the law justifies intruding on _________ ______.

individual liberty

22

Legal Equation of Deadly Force:
An arrest= ________ ______ + law enforcement officer and civilian acting under officer's direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

fleeing felon

23

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under _______'s _________ + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

officer's direction

24

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer's direction + felony arrest + no substantial risk of _______ to _________ + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

injury
innocents

25

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer's direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of _______ ______ + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

deadly force

26

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer's direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of ______ or serious ______ or ______ if apprehension delayed + warning where feasible

death
injury
death

27

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer's direction + felony arrest + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + ________ where feasible

warning

28

Legal Equation of Deadly Force:
An arrest= fleeing felon + law enforcement officer and civilian acting under officer's direction + _______ ______ + no substantial risk of injury to innocents + felony involves use or threatened use of deadly force + substantial risk of death or serious injury or death if apprehension delayed + warning where feasible

felony arrest

29

Historically, law enforcement was allowed to use deadly force on fleeing suspects on the notion that felons have forfeited the right to life because?

they are “outlaws at war with society.”

30

Why have limitations on the use of deadly force to apprehend suspects?

(1) The shooting of suspects may lead to community alienation and anger
(2) Bystanders may be harmed or injured by stray bullets
(3) Substantial monetary damages may be imposed on a municipality in civil suits alleging that firearms were properly employed
(4) Police officers who employ deadly force can suffer psychological stress, strain, and low morale, and may change careers or retire

31

The __________ __ ______ case established the standard to be employed in criminal prosecutions against officers charged with the unreasonable utilization of deadly force.

Tennessee v. Garner