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Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.
In the United States, state defense forces are military units that operate under the sole authority of a state government. State defense forces are authorized by state and federal law and are under the command of the governor of each state.
The concept of justifiable homicide in criminal law is a defense to culpable homicide. Generally, there is a burden of production of exculpatory evidence in the legal defense of justification. In most countries, a homicide is justified when there is sufficient evidence to disprove the alleged criminal act or wrongdoing. The key to this legal defense is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased when they committed the homicide. A homicide in this instance is blameless.
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as immoral; abortion, where some feel an unborn fetus is alive and should not be ended prematurely; euthanasia, where the decision to end one's life outside of natural means is seen as incorrect; and in killings by law enforcement, which is seen by some as an infringement of a person's right to live. Various individuals may disagree in which of these areas the principle of a right to life might apply.
The Wisconsin Legislature is the state legislature of the U.S. state of Wisconsin. The Legislature is a bicameral body composed of the upper house, Wisconsin State Senate, and the lower Wisconsin State Assembly, both of which have had Republican majorities since January 2011. With both houses combined, the legislature has 132 members representing an equal number of constituent districts. The Legislature convenes at the state capitol in Madison.
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.
A stand-your-ground law provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes. Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present. The exact details vary by jurisdiction.
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of a crime to state their name. If there is not reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to identify themselves, even in these states.
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
Ted W. Lieu is an American politician and Air Force Reserve Command colonel who has represented California's 33rd congressional district in the U.S. House of Representatives since 2015. The district includes much of western and west Valley Los Angeles, as well as Beverly Hills, Santa Monica, Bel Air, Calabasas, Agoura Hills, the Palos Verdes Peninsula and Beach Cities.
Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief that the actions were necessary to counter an attack. Not all jurisdictions accept imperfect self-defense as a basis to reduce a murder charge.
In the state of Maryland, the right of self-defense is mostly governed by case law, but there is also a statute.
The Penal Law of the State of New York combines justification and necessity into a single article, Article 35. "Defense of Justification" comprises sections 35.05 through 35.30 of the Penal Law. The general provision relating to necessity, section 35.05, provides:
§ 35.05 Justification; generally.
Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:
Use-of-force law in Missouri refers to the law & legal doctrine which determine whether a member of law enforcement in the state of Missouri is justified in the amount of force used to gain control of an unruly situation or person, including situations involving death. In the United States, doctrine about use of force is primarily defined by the individual states, although there have been some Supreme Court decisions of limited scope.
The history of law enforcement in the United States includes many efforts at police reform. Early efforts at police reform often involved external commissions, such as the Wickersham Commission, that spelled out reforms but left to the police to implement them, often with limited success.
In the late evening of March 18, 2018, Stephon Clark, a 22-year-old African-American man, was shot and killed in Meadowview, Sacramento, California by Terrence Mercadal and Jared Robinet, two officers of the Sacramento Police Department in the backyard of his grandmother's house while he had a phone in his hand. The encounter was filmed by police video cameras and by a Sacramento County Sheriff's Department helicopter which was involved in observing Clark on the ground and in directing ground officers to the point at which the shooting took place. The officers stated that they shot Clark, firing 20 rounds, believing that he had pointed a gun at them. Police found only a cell phone on him. While the Sacramento County Coroner's autopsy report concluded that Clark was shot seven times, including three shots to the right side of the back, the pathologist hired by the Clark family stated that Clark was shot eight times, including six times in the back.
Lexipol LLC is a private company based in Frisco, Texas that provides policy manuals, training bulletins, and consulting services to law enforcement agencies, fire departments, and other public safety departments. In 2019, 3500 agencies in 35 U.S. states used Lexipol manuals or subscribed to their services. Lexipol states that it services 8,100 agencies as of March 2020. Lexipol retains copyright over all manuals that they create, even those modified by local agencies, but does not take on the status of policymaker. Critics note that a decision made by Lexipol becomes policy in thousands of agencies and that there is little transparency into how the policy decisions are made.
William J. Lewinski is a retired psychology professor and expert on police use of force at his own Force Science Institute, founded in 2004. He provides training to police and serves as an expert witness in court cases.
References
- ↑ Pauly, Madison. "Meet the company that writes the policies that protect cops". Mother Jones. Retrieved 2020-08-11.