Malcolm Rivera
In New York, the use of deadly force is a highly sensitive topic and is only permitted in specific situations. The New York Penal Law, Article 35, outlines the circumstances under which a person may use deadly force, including self-defence, defence of another person, and preventing specific violent crimes. This paragraph will explore the crimes that constitute the use of deadly force in New York and the legal justifications for doing so.
| Characteristics | Values |
|---|---|
| People permitted to use deadly force | Police officers, peace officers, civilians |
| Crimes that constitute the use of deadly force | Kidnapping, forcible rape, robbery, arson, burglary of a residence or occupied building, manslaughter in the first degree, murder, felony involving the use or attempted use or threatened imminent use of physical force against a person, escape in the first degree, burglary in the first degree |
| Conditions for the use of deadly force by police officers | When the officer reasonably believes that the use of deadly physical force is necessary to defend themselves or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force |
| Conditions for the use of deadly force by civilians | When they reasonably believe that such force is necessary to arrest a person who has committed one of the above-mentioned crimes |
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What You'll Learn
- Civilians can use deadly force in NY when they are preventing kidnapping, rape, robbery, arson, or burglary
- Police officers can use deadly force when arresting someone if they believe it is necessary to defend themselves or others
- Civilians can use physical force when making a citizen's arrest, but not deadly force
- Police officers can use deadly force when arresting someone who has committed a felony
- Civilians can use deadly force when making an arrest for a non-violent offense if the perpetrator uses or attempts to use deadly force
Civilians can use deadly force in NY when they are preventing kidnapping, rape, robbery, arson, or burglary
In New York, civilians are permitted to use deadly force when preventing certain serious crimes. These include kidnapping, rape, robbery, arson, or burglary.
New York Penal Law, Article 35, defines when a person may use physical force and deadly physical force to effect an arrest, stop a crime, or defend themselves or a third party. Civilians are permitted to use physical force when they reasonably believe it is necessary to defend themselves or another person from what they reasonably believe is the use or imminent use of unlawful physical force. The term "reasonably" is crucial, as it sets a standard for judging the use of force based on the circumstances. Both the belief that force is necessary and the belief that the other party is using force must be reasonable for a civilian to successfully claim self-defense.
In the context of preventing kidnapping, rape, robbery, arson, or burglary, civilians can use deadly force if they reasonably believe such force is necessary to prevent serious injury or death to the victim(s). These crimes are considered heinous, and the use of deadly force may be justified to save lives. For example, if someone is attempting to commit a robbery or burglary of a residence or occupied building, the use of a firearm or other deadly force may be warranted to stop the perpetrator and protect the occupants.
It is important to note that civilians generally cannot use deadly force to make an arrest. However, there are exceptions. Civilians may use deadly force when making a citizen's arrest if they reasonably believe that such force is necessary to arrest someone who has committed one of the aforementioned serious crimes, such as kidnapping, robbery, or rape. Additionally, if a civilian is making a non-violent arrest and the perpetrator attempts to use deadly force against them or another person, the civilian may respond with deadly force.
Deadly force refers to force that is likely to cause serious injury or death. When considering the use of deadly force, one must weigh factors such as the nature of the threat, the environment, the size and age of the aggressor, the presence of weapons, and the potential risk to bystanders. The decision to use deadly force should be a last resort when faced with no other reasonable options to prevent imminent harm or death.
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Police officers can use deadly force when arresting someone if they believe it is necessary to defend themselves or others
In New York, police officers are legally permitted to use deadly force when arresting someone if they reasonably believe that it is necessary to defend themselves or others. This is outlined in the New York Penal Law, Article 35, which states that a police officer may use deadly physical force when they reasonably believe that the offense committed by the person they are arresting involves the use or attempted use of physical force against another person. This includes felonies or attempted felonies, as well as crimes such as kidnapping, arson, escape in the first degree, and burglary in the first degree.
The "reasonable belief" standard in this context has both a subjective and an objective component. Subjectively, the officer must actually believe that the use of deadly force is necessary. Objectively, a "reasonable" person with the same training and experience as the officer would also believe that deadly force is necessary under the same circumstances. This standard considers the imminent threat of violence posed by the aggressor, the nature of the threat, the environment, the size and age of the aggressor, the presence of weapons, and the potential risk to bystanders.
It is important to note that police officers have a duty to protect human life and safety, and their use of deadly force should be a last resort. They are trained to shoot until the threat is neutralized and to aim for the "center mass" of an attacker to increase the likelihood of stopping the threat with each shot. The decision to use deadly force must be made in a split second, taking into account all the relevant factors to ensure the safety of the public, fellow officers, and themselves.
In addition to self-defense and the defense of others, police officers may use deadly force to prevent the escape of violent felons who pose a threat to the community. This includes situations where the officer has a valid warrant for the arrest of a dangerous individual. The use of deadly force by police officers is a serious matter and is subject to scrutiny and review to ensure that it was justified and necessary under the circumstances.
While civilians also have the right to self-defense and defense of others in New York, they generally cannot use deadly force to make a citizen's arrest. Civilians can only use deadly force against a person committing heinous crimes such as kidnapping, forcible rape, robbery, arson, or burglary of a residence if it is necessary to save victims from serious injury or death.
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Civilians can use physical force when making a citizen's arrest, but not deadly force
In New York, civilians can make a citizen's arrest and use physical force to a certain degree. The New York Penal Law, Article 35, defines when a person may use physical force and deadly physical force to effect an arrest, stop a crime, and defend themselves or a third person.
The law states that a civilian may use physical force when they reasonably believe that such force is necessary to arrest or prevent the escape of someone they believe has committed an offense, and who has indeed committed such an offense. This is supported by the necessity defense, which allows a person to use physical force when they reasonably believe it is necessary to defend themselves or a third person from the use or imminent use of unlawful physical force.
However, civilians cannot use deadly force when making a citizen's arrest. Deadly force is defined as violent action known to create a substantial risk of causing death or serious bodily harm. The use of deadly force by civilians is prohibited even when making an arrest or preventing the escape of someone they believe has committed a crime.
There are, however, certain circumstances where deadly force may be justified. For example, if a civilian is making an arrest for a non-violent offense using non-deadly force, and the perpetrator attempts to use deadly force against them or another person, then deadly force may be justified as a form of self-defense.
It is important to note that civilians making an arrest must be correct about the person's guilt. If a civilian makes an arrest and the arrested person is found to be innocent, the civilian may be subject to legal consequences and could be prosecuted for their actions.
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Police officers can use deadly force when arresting someone who has committed a felony
In New York, police officers are permitted to use deadly force when arresting someone who has committed a felony under certain circumstances. The New York Penal Law, Article 35, outlines that police officers may use deadly force when they reasonably believe that the use of such force is necessary for self-defence, the defence of other officers, or the defence of citizens. This belief must be both subjective and objective, meaning the officer must genuinely believe that there is no other option, and a "reasonable" person with similar training and experience would also conclude that deadly force is the only recourse.
When determining whether to use deadly force, officers must consider various factors in a split second. These include the nature of the threat, the environment, the size and age of the aggressor, the presence and type of weapons, and the potential risk to bystanders. Officers are trained to shoot until the threat is neutralised and to aim for the "centre mass" of an attacker to increase the likelihood of stopping the threat.
Deadly force is typically considered justifiable when the felony committed or attempted involves the use, attempted use, or threatened imminent use of physical force against another person. This includes serious crimes such as kidnapping, arson, escape in the first degree, and burglary in the first degree.
It is important to note that the use of deadly force by police officers is a highly sensitive issue, and officers are expected to exercise their judgement carefully to ensure that such force is only employed when absolutely necessary to protect life or prevent escape. The "reasonable belief" standard is crucial in justifying the use of deadly force, and officers must be able to demonstrate that their beliefs about the imminent use of deadly physical force by the suspect were genuinely held and objectively reasonable.
In summary, while police officers in New York may legally use deadly force when arresting individuals who have committed certain felonies, this power is not unlimited and is subject to strict criteria to balance public safety with the proportionality of the response.
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Civilians can use deadly force when making an arrest for a non-violent offense if the perpetrator uses or attempts to use deadly force
In New York, civilians have the right to make a citizen's arrest if a crime is committed in their presence. However, they are generally not permitted to use deadly physical force to effect this arrest. The exception to this is if the perpetrator is committing or attempting to commit a violent crime such as kidnapping, robbery, forcible rape, or arson.
In the case of a non-violent offense, civilians may only use reasonable and proportional physical force to restrain the perpetrator and prevent their escape. Civilians cannot use deadly force in such situations unless the perpetrator uses or attempts to use deadly force against them or another person. This is known as the "castle doctrine," which allows individuals to defend themselves and others from the use or imminent use of deadly force.
The concept of "reasonable belief" is crucial in these cases. To justify the use of deadly force, civilians must genuinely and reasonably believe that such force is necessary for self-preservation or the protection of others. This belief will be judged based on the circumstances as viewed through the eyes of a "reasonable person."
It is important to note that civilians acting under citizen's arrest powers must also be correct in their belief that the person committed a crime. Mistakenly arresting or using force against an innocent person could result in prosecution, even if the use of force was believed to be reasonable at the time.
While civilians have the right to defend themselves and others, the use of deadly force is a significant matter that can result in legal consequences. It is always advisable to retreat or call for law enforcement assistance when possible, and the use of deadly force should be a last resort when faced with an imminent threat of serious harm or death.
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Frequently asked questions
Deadly force is defined as the use of physical force that is intended or likely to cause serious injury or death.
Police officers are legally permitted to use deadly force when they reasonably believe it is necessary to defend themselves, another officer, or a citizen from what they believe to be the use or imminent use of deadly force. This belief must meet both subjective and objective standards, considering factors such as the nature of the threat, the environment, and the potential risk to bystanders.
Civilians may use deadly force in self-defense or to defend others when they reasonably believe it is necessary to protect themselves or others from serious injury or death. This applies to crimes such as kidnapping, forcible rape, robbery, arson, or burglary of a residence or occupied building.
Yes, the use of deadly force is restricted to specific circumstances and must be justified. In the case of civilians, deadly force is generally not permitted when making arrests, unless it is necessary to prevent the escape of a person who has committed certain violent felonies, such as kidnapping, robbery, or murder. Additionally, the concept of "stand your ground" does not apply in New York, which means a person cannot use force in response to mere verbal threats.
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