Force Options

Question 1

_____ is any force that, in its manner of use or intended use, is capable of causing death or SBI.

Answer 1

Deadly Force

Ref: PC 9.01 (3)

Question 2

The official title of Chapter 9 of the Texas Penal Code is ______

Answer 2

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Question 3

_____ is power dynamically considered, that is in motion or in action;

constraining power, compulsion; strength directed to an end….

Answer 3

Force

Ref: Black’s Law Dictionary

Question 4

Force which is not excessive and is appropriate

in protecting oneself or one’s property is considered ______

Answer 4

Reasonable Force (aka Necessary Force)

Ref: Iowa Stat § 704.1

Question 5

In making an arrest, all ________ means are permitted to be used to affect it.

Answer 5

Reasonable

Ref: CCP 15.24

Question 6

It is a defense to prosecution that the conduct in question is justified under this chapter.
This is stipulated in Sec. 9.02 of the TX Penal Code.

True or False?

Answer 6

True

Ref. PC 9.02

Question 7

No greater force shall be resorted to than is ____

to secure the arrest and detention.

Answer 7

Necessary

Ref: CCP 15.24

Question 8

Chapter ___ of the Texas Penal Code covers use of force and its restrictions.

Answer 8

Chapter 9

Justifications Excluding Criminal Responsibility

Question 9

Confinement is justified when force is justified

if the actor takes reasonable measures to terminate the confinement

as soon as he knows he safely can,

unless the person confined has been arrested for an offense.

True or False?

Answer 9

True

Ref: PC Sec. 9.03 “Confinement as Justifiable Force”

Question 10

The threat of using deadly force does not constitute the actual use of deadly force, as long as the actor’s purpose is limited to creating an apprehension
that the actor will use deadly force if necessary.

True or False?

Answer 10

True

Ref: PC 9.04 Threats as Justifiable Force

Question 11

An actor, whose actions are justified in this chapter, can be held criminally responsible if, in threatening or using force or deadly force, he recklessly injures or kills an innocent third person.

True or False?

Answer 11

True

Ref: PC 9.05

Reckless Injury of Innocent Third Person – PC 9.05
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 injuring or killing of the innocent third person.

Question 12

A PO, or a person acting in a PO’s persence 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 ____
or to prevent or assist in preventing ____ after arrest.

Answer 12

(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.

Ref: Arrest and search – PC 9.51

Note: “Person” can mean the cadets working under direction of Peace Officers during patrol rides.

Question 13

A person, other than a PO or one acting at a PO’s direction, has the same justification as above with the exception of a ______

Answer 13

CLAFIRY

Ref: PC 9.51

Question 14

Police officers performing a discretionary function are entitled to qualified immunity
that shields them from liability for civil damages unless:

• the officers’ conduct violates a federal statutory or constitutional right, and
• the right was clearly established at the time of the conduct, such that
• an objectively reasonable officer would have understood that the conduct violated that right.”

True or False

Answer 14

True

Ref: Milstead v Kibler, 243 F.3d 157 (4th Cir. 2001)

“…police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless (1) the officers’ conduct violates a federal statutory or constitutional right, and (2) the 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.”

Question 15

The use of deadly force is justified if it occurs in the lawful conduct of war.
If deadly force is so justified, there is no duty to _____ before using it.

Answer 15

Retreat

Ref: PC 9.21 Public Duty – PC 9.21

(c) The use of deadly force is not justified under this section unless the actor REASONABLY BELIEVES the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
(c) The use of deadly force is not justified under this section unless the actor REASONABLY BELIEVES the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.

Question 16

Conduct is justified if the actor reasonably believes
the conduct is immediately necessary to avoid imminent harm.

True or False?

Answer 16

True

Ref: PC 9.22 Necessity

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.

Question 17

The use of force against another is justified in response to verbal provocation alone.

True or False

Answer 17

False

Ref: PC Sec. 9.31. Self-Defense

(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;

Question 18

A person is justified in using deadly force against another, when and to the degree he believes the deadly force is immediately necessary to prevent the others _______ commission of:

Answer 18

imminent

• aggravated kidnapping
• murder
• sexual assault
• aggravated sexual assault,
• robbery
• aggravated robbery.

Ref: Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor 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.

Question 19

A person is justified in using deadly force against another to protect a third person if
the actor reasonably believes that his intervention is immediately necessary to protect the third person.

True or False?

Answer 19

True

Ref: PC 9.33 Defense of Third Person

Question 20

A person is justified in using deadly force to prevent

another person from committing suicide.

True or False

Answer 20

False

Ref: PC 9.34 Protection of Life or Health

(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.