Substantive Criminal Law: Principles of the Use of Force
Overview of the Law Governing the Use of Force
Context and Scope: The material in Chapter 6 focuses on the laws governing the use of force. This is a foundational area of substantive criminal law that is highly applicable to everyday life for both students and citizens.
Definition: Use of force pertains to physical force exerted between two individuals, as well as force used between the police and the public. It encompasses protective measures for one's body, the bodies of others, and property.Constructive
Legal Framework: The law governing the use of force is not a single, specific statute. Instead, it involves a variety of different statutes and criminal categories, including:
Battery.
Murder.
Other offenses related to physical injury.
Fundamental Principles of Self-Defense
Core Question: The law seeks to determine when it is justified for one person to use force against another to defend themselves or others.
The Requirement of a Threat: For force to be justified, there must be a threat that meets specific criteria:
Immediate: The threat must be happening right now; it cannot be a threat of future harm.
Real: The threat must be actual and cannot be merely imagined or perceived without a factual basis.
Unlawful: The individual towards whom the force is directed must be engaged in an unlawful act (e.g., hurting someone, stealing property). If the conduct is not unlawful—even if it is disliked—the use of force is not justified. Using force against lawful conduct makes the user liable for offenses such as battery.
The Principle of Necessity: Force is only justified if it is necessary to protect oneself or another.
Duty to Mitigate: If a person can walk away, run away, block the threat, or protect themselves without using force, then the force is not necessary.
Criminal Liability: If force is used when not necessary, the individual may be held criminally liable for battery, murder, or other injuries caused.
The Principle of Reasonableness: Even if the conduct is unlawful and force is necessary, the amount of force must be reasonable under the circumstances.
Excessive Force: Using disproportionate force (e.g., using a sledgehammer to hit someone over the head because they pushed a friend) is considered excessive.
Point of Termination: Force is only justified up to the point required to stop the unlawful conduct. Once the threat is stopped—for instance, if an individual is on the ground and no longer fighting—the use of force must cease. Continually "stomping" on a downed opponent is unreasonable and criminal.
Deadly Force and the Analysis of Fault
Definition of Deadly Force: Deadly force is defined as any force that is likely to cause death or serious bodily injury. Examples include:
Discharging a firearm.
Using weapons such as knives or crowbars.
Running over someone with a vehicle.
Justification for Deadly Force: Deadly force can only be used if it is being used against the defender or a third party, or if there is an immediate threat of deadly force being used.
The Role of the "Wrongdoer": The person who initiates unlawful force (the original aggressor) generally loses their right to self-defense because they created the situation. If the victim uses force to repel them, the aggressor cannot legally "hit back" and claim self-defense.
Restoration of the Right to Self-Defense: A wrongdoer may regain the right to use reasonable force to defend themselves if they retreat.
The Sword Fighting Analogy: The speaker describes this as a "genteel little battle." If the original wrongdoer withdraws and is no longer a threat, but the original victim continues to use force, the roles essentially flip. The original victim becomes the one using unlawful force, and the original wrongdoer may then use lawful force to defend themselves.
Complexities: In high-stress situations like bar fights, street altercations, or domestic disputes, it is often difficult for judges, juries, or police to determine exactly when the line of retreat was crossed. It is possible for both participants in a fight to be charged with crimes.
Specific Legal Doctrines and Statutes
The Castle Doctrine: This doctrine applies to one's home ("my castle"). Under this rule, a person does not have a duty to retreat before using reasonable force against a trespasser. Force can be used immediately to address the trespass; however, the force must still be reasonable (e.g., pushing someone off the yard rather than automatically using lethal force).
Battered Women's Syndrome:
Medical Status: The speaker notes that this has not been established as a prevailing or reliable medical doctrine or opinion sufficient to act as an independent evidence for criminal capacity.
Legal Application: Despite the lack of medical consensus, it is often used as a self-defense argument in cases involving force against an alleged batterer. Juries and judges have occasionally acquitted women who injured or killed their abusers in prolonged, terrible battering situations, viewing the action as a necessary defense against a constant, looming threat of harm.
Indiana Statute: Force Against Public Servants: Indiana has a specific statute regarding the use of force against "public servants" (which includes police officers).
Conditions: A person can use force against a public servant if they reasonably believe it is necessary to protect themselves or a third party from what they believe to be unlawful force.
Property and Dwelling: The statute permits force to terminate an unlawful entry into a dwelling by a public servant or to prevent trespass or interference with property.
Practical Warning: The speaker strongly advises against using force to pull a police officer off someone in the street, noting that it is highly likely to result in injury and arrest, regardless of the statute.
Defense of Property
General Rule: An individual can use whatever force is necessary (short of deadly force) to terminate interference with their property.
Examples: Chasing someone who grabbed a purse, jumping on them, or kicking someone in the face to recover a stolen backpack are considered necessary to stop the interference.
Limitations: One cannot kill, run over, or continue beating someone once the property is secured.
Lethal Booby Traps: The use of lethal booby traps (e.g., rigging a shotgun to a barn door to fire when opened) is strictly prohibited. Deadly force is never justified solely to defend property.
Escalation: If a situation begins as a defense of property but escalates into a threat of deadly force against the owner, the owner may then transition to using deadly force under the rules of self-defense, not defense of property.
Police Use of Force and Arrest
Constitutional Prerequisites: Police must generally have probable cause or a warrant (where a judge has already determined probable cause) to make a lawful arrest.
Permissible Objectives of Force: Police may use the amount of force reasonably necessary to:
Detain the offender.
Stop resistance.
Prevent escape.
Protect the officer, the public, or even the offender themselves.
Operational Reality: In practice, police often utilize significant force immediately to disable an offender—placing them on the ground and in handcuffs—to ensure control and prevent resistance or escape before it happens.
Landmark Case: Tennessee v. Garner:
Facts: A civil lawsuit involving a juvenile (Garner) suspected of a non-violent property crime (burglary). Garner was unarmed and fleeing the scene when police shot and killed him.
Holding: The U.S. Supreme Court ruled that the shooting violated Garner's constitutional rights.
Rule: Police cannot use deadly force to stop a fleeing suspect of a property crime. Deadly force is only permissible when there is a threat of deadly force involved.
Corollaries to Garner (Car Chases):
If a police chase for a property crime (e.g., a stolen car or bad license plate) enters a congested area and reaches dangerous speeds (v > \text{safe limits}), police are now often required to stop the pursuit.
High-speed chases in congested areas create a deadly force environment for a non-deadly (property) offense, which is legally problematic.
Resisting Arrest: Under the law, a citizen cannot resist arrest, even if they believe the arrest is unlawful or the officer is acting for the wrong reasons. Resisting is a separate criminal charge. The law requires individuals to submit to the arrest and resolve the legality of the officer's actions in court later.
Summary of Use of Force Rules
Self-Defense: Use only reasonable force to protect self/others. Deadly force is reserved for deadly threats; never for property.
Defense of Property: Use only force necessary to stop interference. Excessive force is prohibited. Deadly force is never justified for property alone.
Law Enforcement: Force must be reasonable to detain and protect. Deadly force is prohibited for minor crimes, property crimes, or mere suspicion.