第三部分 辩护.ppt

LAW ENFORCEMENT 执法 Example: If it turns out that no dangerous felony was actually committed, or that the suspect was not the one who committed it, the citizen will be criminally liable for death or injury to the suspect. * LAW ENFORCEMENT 执法 More extreme view: Some states, and the MPC, go further: they do not allow private citizens to use deadly force at all to make a citizen’s arrest, even if the suspect really has committed a dangerous felony. Escape of non-deadly felon: Virtually all courts agree that a private citizen, like a police officer, may not use deadly force to stop a fleeing felon if the felon poses no immediate threat to the citizen or to others. * LAW ENFORCEMENT 执法 Prevention of escape An officer may use reasonable force to prevent the escape of a suspect who has already been arrested. The above rules apply in this situation as well. * LAW ENFORCEMENT 执法 Crime prevention: Similarly, officers may use force to prevent a crime from taking place, or from being completed. Reasonable non-deadly force Deadly force Deadly force may be used to prevent only dangerous felonies. * MAINTAINING AUTHORITY 监管权 Right to maintain authority generally Parents of minor children, school teachers, and other persons who have a duty of supervision, have a limited right to use force to discharge履行 their duties. Parents of minor: Parents of a minor child may use a reasonable degree of force to guard the child’s welfare. * MAINTAINING AUTHORITY 监管权 Example: A parent who hits or spanks打屁股 his child will not be guilty of battery, provided that the purpose is to promote the welfare of the child, including preventing or punishing misconduct. However, the parent loses the privilege if the degree of force is unreasonable under the circumstances. * CONSENT 同意 Effect of consent by victim Generally, the fact that the victim of a crime has consented does not bar criminal liability. Example: Suppose V, who is terminally末期 ill, consents to have D perform a mercy killing安乐死 o