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Re: Deadly Force even if Attacker is in Retreat
Posted: Thu Sep 17, 2009 9:48 pm
by C-dub
Sorry. lol
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 4:47 pm
by C-dub
boomerang wrote:I knew someone would say that. Fine. Get a partial refund.
Chapter 9 allows for deadly force to "protect or recover" the property, not to stop the criminal from escaping. You can see it doesn't allow deadly force to stop a fleeing murderer or rapist.
It took me a bit, but what about this?
Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter 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.
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 7:11 pm
by Bart
C-dub wrote:It took me a bit, but what about this?
Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter 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.
What about it?
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 7:15 pm
by C-dub
Bart wrote:C-dub wrote:It took me a bit, but what about this?
Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter 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.
What about it?
It is in reply to the position that we could not prevent a murderer or rapist from fleeing. I'm not sure if this gives us a defense to doing so or not. That's what my question is asking?
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 7:33 pm
by Bart
It says confinement is justified when force is justified so that's not deadly force, but anyway where does it say force is justified to stop a murderer from running away?
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 7:43 pm
by C-dub
I'm wondering if the part where it says confinement is justified when force is justified. Force would have been justified in preventing the murder or rape, so I'm wondering if it would be justified in preventing the perpetrator from fleeing if you witnessed the act or came upon him just after completion of the act.
I'll admit that it might be a stretch.
Re: Deadly Force even if Attacker is in Retreat
Posted: Fri Sep 18, 2009 11:04 pm
by boomerang
Back to my previous comment, I think students should ask for a refund if the instructor isn't teaching the law.
Re: Deadly Force even if Attacker is in Retreat
Posted: Sat Sep 19, 2009 8:46 am
by Catfight
TheArmedFarmer wrote:he had spent two years awaiting trial on a first-degree murder charge.
Maybe there's a detail I'm missing here, but I wonder what happened to this man's right to a "speedy" trial?
They dont just sit in jail...most of the time is spent fighting by attorneys. Ive seen people at our jail go longer than that, but its their own fault as they try to find a legal loophole to exploit.