There is no liability as long as D actually and reasonably believed consent existed. P’s physical integrity interests give way to D’s liberty interests. (3) Effectiveness of Consent (a) Consent can be ineffective if: (i) Don’t know about a certain risk (ii) Don’t have capability to consent (statutory questions) (4) Legal fiction of implied consent so people will give emergency medical care. iii) Self-Defense and Defense of Others (1) Victim has to actually and reasonably believe it is necessary to injure another to avoid imminent injuries to herself. Instigator must have tried to disengage to avail self of self-defense.
Inadvertence means that an officer must not have prior knowledge that the evidence was present. The discovery must be purely accidental. ____________________________________________________________ 4. Situations where the plain view doctrine applies are when out on patrol. You see a person with something illegal the plain view protect you when stopping the person.
Such acts are not vulnerable to guilt as one was forced to repel an attack. As a means of defending oneself, Gardner and Anderson (2011) note, the accused must prove pending danger, which he/she was unable to resist. Additionally, the accused must prove the ability to look for alternative ways of avoiding the act, unsuccessfully. Gardner and Anderson (2011) argue self-defense is relevant in defending oneself, another person and in the defense of property. For instance, if rapists stormed into a house and tried to rape the wife of an individual, the man could defend the wife by shooting them.
The Second Amendment interpretation is flawed by In Molly Ivins's article, "Ban the Things. Ban Them All." She supports the Second Amendment, and she points out the main objective of signing this document is the authorization of a group of individuals that's trained to carry fire arms, even though they are not part of government. They may carry arms for security purposes in order to maintain a free state, and that this group of individuals have the right to keep and carry arms. The authors' main argument, is against individuals that are not trained to carry arms, nor do these individual carry arms to maintain a free state.
------------------------------------------------- Actus Reus This consist of any act which makes the victim fear that immediate and unlawful force is about to be used against them. If someone threatens violence but does not actually make contact with V there is an AR of assault. Examples: 1. There must be an act The AR cannot usually be committed by omission. 2.
The second amendment states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (U.S. Const., amend. II.). Opponents of gun laws say that any laws that are used by the government to control or regulate gun control is infringing on their second amendment right (Issues & Controversies, Online). A gun control initiative to be focused on would be stricter gun control laws and measures which would help crack down on gun crimes while encouraging responsible gun ownership and the use among civilians.
The second issue is whether Joe Dullard's Fourth amendment right was violated. The IV amendment is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In order to sue regarding an alleged Fourth Amendment violation, the plaintiff must have a legitimate expectation of privacy at the searched location. This expectation must meet both the subjective and objective tests of reasonableness. The subjective test requires the plaintiff to genuinely expect privacy, and the
The order was defied when you did not leave after Dean Sykes’ specific instructions. In summary, based on the facts discussed above, I believe that a court would almost certainly conclude that there is sufficient evidence to find that a lawful order not to remain existed and that there was defiance of such order, making out a Criminal Trespass in the third degree. From here on, I would recommend avoiding any social networking posts that discuss this matter. In this way, there will be nothing relevant posted that could have a negative effect on your case. Our office will be in touch with you
To gain a better understanding you must first know what the Federal Government defines deadly force as : § 10 CFR 1047.7 Use of deadly force. Deadly force means that force which a reasonable person would consider likely to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed. A protective force officer is authorized to use deadly force only when one or more of the following circumstances exists..... The circumstances mentioned above encompasses self defense, serious offenses against persons and apprehension to name a few, for the sake of this paper we are going to look at when law enforcement uses self-defense and its legality.
In addi-tion, the defence must be so strong that the enemy would not even dare to contemplate an attack. This proactiveness is thus not on-ly in defence, but in offence as well. This is a principle that is well understood by any military commander. By being proactive, he is able not only to gain the initiative, but will also have ample time and opportunity to deal with the enemy. On the other hand, if he is placed on the defensive, he is unlikely to come up with effective strategies.