Module 12

Question 0

What are the rules for parents that punish a child for wrongdoing?

Answer 0

As long as the punishment is inflicted for the child benefits and is not excessive in view of all the circumstances, they are not guilty of battery

Question 1

What rights does a parent have of a minor child to use force ?

Answer 1

They are justified in using reasonable force upon the child for the purpose of promoting the child’s welfare or to safeguard it

Question 2

What is the constitutional right of a parent to their child?

Answer 2

The right to direct the upbringing and education of children, including the use of reasonable or moderate physical force to control behavior

Question 3

Who all has the right to use reasonable force in a parent situation?

Answer 3

Anyone acting in loco parentis, stepfather, lover living with the parent, guardian, director of an orphanage

Question 4

What are the two different tests of liability for parents toward their minor children?

Answer 4

A. Objective: whether the reasonable man would consider the punishment excessive
B. Subjective: whether the punisher acted with malice (A purpose other than that of promoting the child’s welfare which can be inferred from the infliction of excessive punishment, or punishment the results in serious injury to the child)

Question 5

What is the MPC’s stance on parenting and use of force?

Answer 5

Combines objective and subjective views and requires the force to be not designed to cause or create a substantial risk of death, GBI, disfigurement, extreme pain, or mental distress or growth degradation
- payment must be acting to maintain discipline, to restrain or correct, to prevent or punish, or to promote or safeguard the welfare of the child

Question 6

What are the rights of a schoolteacher to use force on a student?

Answer 6

Reasonable force is justified upon a pupil for the purpose of enforcing school discipline or promoting the child’s education

Question 7

What are the rules for A teacher punishing a child for wrongdoing ?

Answer 7

That is justified to long as he doesn’t inflict punishment that was excessive under the circumstances

Question 8

Does the rights to use of force by a schoolteacher affect the parents right to punish a child?

Answer 8

No, this privilege isn’t a delegation of the parent’s right to punish the child. The teacher can exercise this right without the parent’s consent

Question 9

How does the teachers justified use of force affect school discipline for events that take place off of school grounds?

Answer 9

Still in effect

Question 10

What are the two different views the courts of taking on teacher’s right to use force?

Answer 10

1) malice rule: teacher is deemed to act in a quasijudicial capacity and thus is not criminally liable because of an error in judgment because the punishment was disproportionate, so long as the purpose is to promote discipline rather than the malicious purpose to inflict pain
2) reasonableness test: punishment must not exceed what is reasonable under the circumstances

Question 11

What is the MPC’s stance on teachers using force?

Answer 11

Uses both reasonableness of punishment and the purpose underlying its use. The amount of force which can be used is the same as that authorized for parents, so long as the purpose is to maintain discipline, promote the welfare of the child, quell a disturbance, removing the offending student, or restrain or correct a student

Question 12

What are some of the other people that have responsibility for the care, discipline, or safety of others, and are justified in using reasonable force to carry out their responsibilities?

Answer 12

Asylum superintendents, prison wardens, ship captains

Question 13

What does the MPC say about people in positions of responsibility for the care of others, and their use of reasonable force?

Answer 13

Non-deadly force can be used to promote the welfare of an incompetent person or to maintain discipline within an institution

Question 14

How does the MPC extend the justification to use force to other areas?

Answer 14

Justification for people authorized or required to maintain order in public places, like a theater, or person responsible for the safety of a vessel or aircraft (can use deadly force if necessary) to prevent interference with operation of the vessel.

Question 15

What is the rule about medical personnel administering unconsented medical treatment?

Answer 15

They can do so in emergency situations without fear of liability

Question 16

What is a good Samaritan rule?

Answer 16

When is justified in using force on another to the extent reasonably believe necessary to thwart a suicide attempt

Question 17

What is the liability for law-enforcement when it comes to using force?

Answer 17

A police officer or person aiding him is justified in using reasonable force to make a lawful arrest or to prevent the escape from custody of one already arrested. Deadly force is permissible only upon probable cause that the person poses a threat of serious physical harm

Question 18

If you are aiding a police officer, what are you justified to do with regard to force?

Answer 18

You’re justified to use reasonable force to prevent or terminate what you reasonably believed to be the commission of a misdemeanor or felony, but you can’t use deadly force except in the case of a dangerous felony

Question 19

When can officer arrest someone?

Answer 19

A) with a warrant
B) without a warrant for a felony committed in his presence
C) without a warrant for felony not in his presence if he is reasonable grounds to believe it is been committed, by the person he’s arresting
*** some jurisdictions allow an arrest without a warrant for misdemeanor on reasonable grounds

Question 20

If a police officer gets resistance while making an arrest, can he use force?

Answer 20

If he reasonably believes the person will immediately inflict bodily harm or death, and the only way to prevent it is to use moderate or deadly force, then it is justified under self-defense, and the officer doesn’t have to retreat

Question 21

If someone an officer is trying to arrest starts to flee can physical force be used?

Answer 21

A degree of physical force that is reasonably necessary to make your arrest is permissible, although use of deadly force is generally not permissible

Question 22

Can an officer use deadly force to prevent someone that is fleeing from a felony arrest?

Answer 22

Only if he reasonably believes it is necessary to prevent the escape, but he can’t use force if somebody’s fleeing from a misdemeanor, even though it will allow him to escape

Question 23

How strictly adhered to is the common-law rules about use of force by officers?

Answer 23

Me a significant minority follow it, those that don’t limit the use of deadly force to rests for offenses in the forcible felony category or felonies reasonably believed to involve the use of threat or deadly force. Deadly force can be used, if necessary, where the person is armed, or if the arrest is delayed, poses a substantial risk the person will cause death or GBI.
** deadly force cannot be imposed if it would create a substantial danger to innocent bystanders

Question 24

If you are summoned by an officer to assist him, what does that mean?

Answer 24

You are required by law to respond, and you have the same authority as the officer to use force to make an arrest, even if it turns out the officer was exceeding his authority

Question 25

Can a private person make an arrest using deadly force?

Answer 25

He does so at his peril. He is not privileged if it turns out that the other person actually didn’t commit a dangerous felony

Question 26

What does the MPC say about private people using deadly force to make arrests?

Answer 26

Deadly force is barred in making arrests by private people except if that person believes they are assisting an officer

Question 27

Is force justified to prevent the escape of an already arrested person?

Answer 27

Yes to the same extent force is justified to arrest that person in the first place

Question 28

Can an officer used to be forced to are

arrest a misdemeanant that is fleeing?

Answer 28

No

Question 29

What are guards or police officers that work at prisons allowed to use for force?

Answer 29

They can use any force, including deadly, when they reasonably believe it is necessary to prevent the escape of a person

Question 30

What is termination of felony/defense of crime prevention?

Answer 30

Force can be used to group health force in the commission of a felony, so long as it appears to be imminent, and the actor is acting with the purpose of crime prevention. One who recently believes that a felony or misdemeanor is being committed in his presence, may use reasonable force to terminate or prevent it

Question 31

How does the modern rule limit the right to use deadly force to prevent or stop felonies?

Answer 31

Limits the felonies to dangerous ones (that involve a substantial risk of death or GBI) or to atrocious felonies (murder, voluntary manslaughter, mayhem, kidnapping, arson, robbery, forcible sodomy, forcible rape) involving violence or surprise. It is not justifiable to kill to prevent crimes like grand larceny or adultery, even though there’s no other way to prevent them

Question 32

Is a federal agent allowed to violate speeding laws while pursuing a violator?

Answer 32

Yes because the speeding prohibition has an implied exception for public officials engaged in the performance of the public duty where speed and the right-of-way are a necessity

Question 33

What is the defense of entrapment ?

Answer 33

If an officer and encourage or provides inducements to a defendant to commit a crime, they can be convicted of that

Question 34

What does the MPC say about the use of force justifiable for an arrest?

Answer 34

Use of force is justifiable when the actor is making or assisting in making an arrest and believes that the force is immediately necessary

Question 35

The use of force by an officer to make an arrest is not justifiable unless:

Answer 35

• The actor makes knowing the purpose of the arrest

- if the arrest is under a warranty, the warrant must be valid or believed valid by the actor

Question 36

The MPC says use of deadly force is not justifiable unless:

Answer 36

I) arrest is for a felony, and
II) The person arresting is authorized to act as an officer/assisting an officer
III) actor believes that the force employed creates no substantial risk of injury to innocent people, and the crime being arrested for involves the use of deadly force, or substantial risk that the person will cause death or dpi

Question 37

The MPC says that use of deadly force to prevent a crime is not justifiable unless:

Answer 37

• The actor believes there’s a substantial risk that the person he six to prevent from committing a crime will cause death RGBI unless the crime is prevented, and the use of force presents no substantial risk of injury to innocent people, or
• The actor believes that the use of force is necessary to suppress a riot or mutiny after dispersal orders have been given, such force will be used if they do not obey

Question 38

What does the MPC say about confinement as preventive force?

Answer 38

It is justified if the actor takes all reasonable measures to terminate the confinement once he knows that he safely can

Question 39

What is self-defense?

Answer 39

Doctrine legally exonerating the taking of human life that arises only when the necessity begins and ends with the necessity, and never must it be greater than when the force employed defensively is deadly. There must’ve been an unlawful and immediate threat it was believed to put that person in imminent peril of death and GBI, and response must of been necessary to save yourself from it. Belief must be honestly and objectively reasonable in light of the surrounding circumstances

Question 40

If you provoke a conflict or are the aggressor in it, do you have the right to use deadly force?

Answer 40

No

Question 41

It is retreat to the wall?

Answer 41

Forbids the use of deadly force when there is an avenue for safe retreat that is open

Question 42

What is the Castle doctrine?

Answer 42

If you are attacked in your home through no fault of your own, you have no duty to retreat (sometimes the yard counts too)

Question 43

If you’re standing in the doorway of your apartment and use deadly Force on an aggressor in the hallway, is that considered your home ?

Answer 43

No that is a hybrid private public space they don’t have the same reasonable expectation of seclusion and refuge from the outside world

Question 44

A defendant can act in self-defense against multiple attackers acting in concert, but this only applies to the extent that…

Answer 44

Accomplice poses in immediate danger of death or GBI that necessitates an act of self-defense

Question 45

What does the MPC say about the right to use force against an unlawful arrest?

Answer 45

It abrogates that right and declares the use of force is not justifiable to resisting arrest which actor knows is being made by a police officer even if the arrest is unlawful