28
votes
Is it legal to use force against a person who is trying to stop you from rescuing another person?
germany
Bob through his actions is harming Alice. Thus Eve may use the minimum necessary force to help Alice as Nothilfe, which is defined as using §32 StGB (Self protection/Notwehr) and §34 StGB (...
- 45.2k
15
votes
Is it legal to use force against a person who is trying to stop you from rescuing another person?
united-states
There are dozens of jurisdictions in the U.S. with different criminal laws, but most have adopted the “justification of necessity” from the Model Penal Code of 1967. This created a ...
- 2,924
14
votes
Is it legal to use force against a person who is trying to stop you from rescuing another person?
canada
The necessity defence may be available to Eve. In Canada there are three elements to this defence (R. v. Latimer, 2001 SCC 1 at paras. 28-31):
there must be an urgent situation of “clear and ...
- 72.7k
10
votes
Accepted
Would it be legal to use deadly force in a stampede?
Self-Defense Law In A Nutshell
Self-defense (or defense of others) with deadly force is generally authorized when a reasonable person would believe that the use of death force is necessary to prevent ...
- 240k
9
votes
Is it legal to use force against a person who is trying to stop you from rescuing another person?
new-south-wales
Self-defence
s418 of the Crimes Act (my emphasis):
(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-...
- 227k
7
votes
Accepted
Force allowed against pickpocket
colorado
In the U.S., this is largely a question of state law and while similar from state to state, it is not identical.
In Colorado, which basically follows the majority rule, there are a couple of ...
- 240k
7
votes
Is it legal to use force against a person who is trying to stop you from rescuing another person?
In france, if you are in a position to help someone who is in danger, and you decided not to even though there is no immediate danger for yourself, you can be prosecuted. This is defined in article ...
- 375
6
votes
How should Garrett Rolfe have acted when Rayshard Brooks tried to tase him?
Rolfe and his partner should have apprehended Garrett using non-lethal force, or else just let him get away.
In Tennessee v. Garner, 471 U.S. 1 (1985):
[Deadly] force may not be used unless necessary ...
- 14k
5
votes
Can law enforcement/military shoot to kill for merely making a phone call that is deemed treasonous?
Treason, per se, is probably not a valid reason to shoot someone on the spot given how that crime is defined in the U.S. Constitution.
But, keep in mind that in Arrival the situation has been ...
- 240k
4
votes
How should Garrett Rolfe have acted when Rayshard Brooks tried to tase him?
In Tennessee v. Garner, 471 U.S. 1 (1985), the Supreme Court held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force ...
- 13.3k
4
votes
Can law enforcement/military shoot to kill for merely making a phone call that is deemed treasonous?
The answer to the titular question is, "Yes, and it need not even be a treasonous phone call."
In the United States anyone can be justified in using lethal force if they can establish that, in the ...
- 22.1k
4
votes
Is Plummer v State still valid under contemporary law?
It appears that Plummer v. State is still valid, but only in a very limited fact pattern. It is often quoted on the internet to justify the idea that a person may resist any unlawful arrest with force....
- 115k
4
votes
Accepted
Why is use of force justified in this way?
The case Graham v. Connor, 490 U.S. 386 may help to explain this. In a use-of-force case, "courts must identify the specific constitutional right allegedly infringed by the challenged application of ...
- 217k
4
votes
Can the police make it a crime to put your hands in your pockets?
Only Parliament has the power to define crimes in law (well, also in the UK there are common law crimes, where ages ago the courts defined punishable wrongs). The police have the power to enforce ...
- 217k
4
votes
Do police have special protection in shootings, related to Breonna Taylor
Yes, police have special permission to use force
For example, from s230 of the new-south-wales LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002:
It is lawful for a police officer exercising a ...
- 227k
4
votes
Accepted
Law on Forced Marriage in the USA
The lack of relevant federal law in the US is because regulating marriage is not within the scope of federal law, it is a matter determined at the level of the state. Washington's RCW Chapter 26.04 is ...
- 217k
4
votes
Force allowed against pickpocket
canada
Force could be justified as defence of property (Criminal Code, s. 35) or as a citizen's arrest (Criminal Code, s. 494).
Defence of property
The act committed in defence of property must be &...
- 72.7k
4
votes
Is throwing a cup of sewage considered lethal force?
There are many questions on this site asking about the acceptability of a particular act or deadly force taken in self-defence:
Does an individual's use of a tool or weapon affect their claim of ...
- 72.7k
4
votes
How do US self defence law apply to protest camps?
The fundamental idea of self-defense is simple: If someone attacks you, you may use the necessary amount of force to defend yourself against that attack.
The location being your home can matter in two ...
- 1,847
3
votes
When investigating a bogus report, can police enter a home?
Can the police enter the home?
In most jurisdictions, yes. It would be totally contrary to the purpose of having a police force if they had to wait for the owner to show up. Courts will decide after ...
- 20.5k
3
votes
What does it mean to be unlawfully at large?
"Unlawfully at large" simply means that a person who should be in jail is not.
The Criminal Justice Act 1948 formerly contained a definition, but this section has been repealed.
Persons ...
- 17.3k
3
votes
What amount of force, if any, can be used to prevent animal abuse?
If someone attacks your dog, or the dog of a third person, you may use force to defend property rights, see ORS 161.205 and ORS 161.229. This does not apply to a person attacking their own animal. ...
- 217k
3
votes
Are plain clothes police officers allowed to use force to make an arrest?
Police officers are authorized to use force regardless of what they are wearing, to effect an arrest. One issue will be whether the defendants should know that they were under arrest, but there is no ...
- 217k
3
votes
What is the legal justification for education staff and/or accompanying police forcing entry to dwellings in the case of truancy?
Easy, it didn’t happen
There is a hierarchy of truth, it goes:
True enough for the physical sciences
True enough for the law
True enough for the social sciences
True enough for the humanities
True ...
- 227k
2
votes
How is the "reasonable force" requirement applied to fights that end up in a grapple?
The same way it is for every other self-defence case
Whether the force used in a particular case is a matter of fact for the jury to decide, not a matter of law for the judge to dictate. One jury in ...
- 227k
2
votes
Accepted
Do police have special protection in shootings, related to Breonna Taylor
Since there is already an answer regarding the use of deadly force, I'll only address the other part of the question.
Namely,
Is the violent entry that police may use when serving a warrant different ...
- 2,628
2
votes
Is Plummer v State still valid under contemporary law?
Adding to all this is a recent case in Maryland where a homeowner shot two officers (both survived). The police served a warrant for a drug dealer to the wrong address and the home owner was not ...
- 23.2k
2
votes
Can the police make it a crime to put your hands in your pockets?
Police have the right to use "reasonable force" during a stop. This is intentionaly vague.
Reaching towards one's pockets in a confrontation can be seen as hostile. The reasoning behind this ...
- 4,715
2
votes
Are law enforcers allowed to kill killers and why?
Self-defense is the broadest example of legality in killing (of a human). There are subtle differences in this respect between law enforcement officers and ordinary people. Although it is not framed ...
- 217k
Only top scored, non community-wiki answers of a minimum length are eligible