Stand Your Ground Laws in Arizona White Paper

Pages: 20 (6744 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: Corporate/Professional  ·  Topic: Corrections - Law Enforcement

Buy full Download Microsoft Word File paper
for $19.77
SAMPLE EXCERPT:

[. . .] In addition, the latter caveat is applicable even if the arrest is unlawful; however, persons are justified in using physical force if they reasonably believe that the physical force being used by the arresting peace officer or others acting at their direction and in their physical presence exceed the level of physical force that is authorized by law. This caveat, though, is also contextual and situation-specific. In this regard, the chapter specifically stipulates that “unlawful” means “contrary to law or, where the context so requires, not permitted by law.” In other words, persons are justified in using physical force if they reasonably believe that peace officers are exceeding their contextual authority (e.g., attempting to shoot to kill an otherwise-innocent person for jaywalking).

Sec 13-405. Justification; use of deadly physical force

A. A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under section 13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.

Summary:

In this section, persons are considered to be legally justified in threatening to use or in actually using deadly physical force in order to defend themselves (pursuant to the foregoing section’s several provisions concerning self-defense) in those situations in which they have reasonable belief that such actions are immediately necessary in order to protect themselves from others’ use of unlawful deadly physical force. In Arizona, deadly physical force is defined as “force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.”

An important aspect of this chapter concerns the so-called “stand your ground” mandate in which persons are legally justified to threaten to use or actually use deadly physical force provided they are in a location where they are authorized to be and are not engaged in any unlawful activities. In other words, persons are legally justified to “stand their ground” and threaten other persons whom they regard as a potentially immediate deadly threat (i.e., “Back off or I’ll shoot you!”) or by actually drawing a weapon and firing in order to protect themselves from such perceived deadly threats. Once again, however, there is a subjective quality to this chapter that must be taken into account. For instance, if a person was engaged in a minor unlawful act such as littering in a public park by intentionally throwing a gum wrapper on the ground, they would still likely be found justified in using deadly physical force in others threatened them with deadly physical force or actually attempted to do so.

Sec 13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

Summary:

Under this Arizona section, persons (as defined above which includes both public and private sector organizations) are justified in threatening to use or in actually using either physical force or deadly physical force, depending on the severity of the looming threat, in those situations where they are protecting others who may be unwilling or unable to protect themselves from being physically attacked, including the expanded definition of persons to include other than just human beings as defined previously. Likewise, persons are justified for taking such actions in fact situations where they would be legally justified for taking such measures pursuant to section 13-404 provisions concerning self-defense and section 13-405 concerning the use of deadly physical force.

Some representative fact situations that reflect this type of justification include good Samaritans who intervene on the behalf of the disabled or elderly, or persons acting on the spur of the moment in an effort to protect others who may be unaware of the imminent threat (e.g., a criminal sneaking up behind an unsuspected couple on a dark street with a raised knife).

Sec 13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

Summary:

This section stipulates that persons (as defined previously) and/or others acting in their behalf are justified in threatening to use or in actually using physical force against others in those cases where persons and/or their agents have a reasonable belief that such actions are required in order to prevent criminal acts from being committed on the premises under their control. It is important to point out that these provisions limit the threat or actual use of force to physical force only; the use of deadly physical force, however, is justified in those cases where such responses are justified pursuant to Section 13-405’s provisions concerning the justification for the use of deadly physical force or section 13-406’s provisions concerning the justification for defense of a third person.

In this context, possession of property means both physical property as well as digital (i.e., intellectual) property of any type. For example, according to the definition of “property” provided by this chapter states that the term means “anything of value, tangible or intangible.” Applied in this context, however, such possession is limited to actual physical property in the form of premises which are defined as “any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.” In addition, under the provisions of this chapter, possession of premises is defined as “a voluntary act if the defendant knowingly exercised dominion or control over property.”

Sec 13-408. Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

Summary:

Pursuant to the provisions of this section, persons (including the expanded definition cited previously) are justified in actually using as much physical force as is deemed essential against others in those situations where reasonable persons would regard such actions as necessary in order to protect any tangible, moveable property under their control against criminal damage.

An important qualification of this chapter, however, is that physical force only is justified except in those fact situations that would justify the use of deadly physical force under the provisions of section 13-405 concerning the justification for the use of deadly physical force, section 13-406 concerning the justification for the defense of a third person and section 13-411 concerning the justification for the use of force in the prevention of criminal actions (as further summarized below).

In sum, these various provisions mean that under Arizona law, persons are only justified in using deadly physical force to protect tangible, movable property where there are other threats to persons (as defined previously) involved. In all other fact situations, the use of physical force to the extent regarded as being… [END OF PREVIEW] . . . READ MORE

Two Ordering Options:

?
Which Option Should I Choose?
1.  Buy full paper (20 pages)Download Microsoft Word File

Download the perfectly formatted MS Word file!

- or -

2.  Write a NEW paper for me!✍🏻

We'll follow your exact instructions!
Chat with the writer 24/7.

Stand Your Ground Law: Criminal Justice Research Paper


Law and Evidence Essay


Legal Issues in Miranda v. Arizona, 384 Term Paper


Business Law and Ethics Term Paper


Illegal Immigrants in the U.S Term Paper


View 53 other related papers  >>

Cite This White Paper:

APA Format

Stand Your Ground Laws in Arizona.  (2018, August 12).  Retrieved January 28, 2020, from https://www.essaytown.com/subjects/paper/stand-ground-laws-arizona/8733601

MLA Format

"Stand Your Ground Laws in Arizona."  12 August 2018.  Web.  28 January 2020. <https://www.essaytown.com/subjects/paper/stand-ground-laws-arizona/8733601>.

Chicago Format

"Stand Your Ground Laws in Arizona."  Essaytown.com.  August 12, 2018.  Accessed January 28, 2020.
https://www.essaytown.com/subjects/paper/stand-ground-laws-arizona/8733601.