Use-of-Force Issues

Paper Summary:

This paper explains the so-called "right of self defense", the principle of the use-of-force continuum (UOFC) and the law concerning liability for a mistaken act of self-defense. The paper also discusses the right to protect property from theft or unauthorized entry that is substantially less than the right to protect a person from physical attack.

Outline:
The Statutory Right to Self Defense
The Principle of the Use-of-Force Continuum
Defense of Others and Liability for Mistake
Defense of Property

From the Paper:

"As far back as English Common Law, necessary self defense (including killing in certain circumstances) mitigated or completely eliminated criminal responsibility (Dershowitz 2002). In the contemporary United States, the laws of every state include self defense as an affirmative defense to violent actions necessary to protect one's self from an unlawful physical attack. That particular defense is known more generally as the right to self defense, although technically, it is not a "right" but a defense to a criminal charge (Dershowitz 2002)."

Sample of Sources Used:

• Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
• McCauley, R. (2005). Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; The FBI Law Enforcement Journal. Vol. 74 No.11.
• Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.

More papers on Use-of-Force Issues:

• Analytical Essay # 142755 : "Police Use of Force Policies"
• Analytical Essay # 28810 : "Police Use of Force"
• Term Paper # 132055 : "Intermediate Use of Force and Police Management"

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