Stand Your Ground Laws in Arizona White Paper

Pages: 20 (6744 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: Corporate/Professional  ·  Topic: Corrections - Law Enforcement  ·  Written: August 12, 2018

SAMPLE EXCERPT . . .


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.

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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

White Paper on Stand Your Ground Laws in Arizona Assignment

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… [END OF PREVIEW] . . . READ MORE

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"Stand Your Ground Laws in Arizona."  Essaytown.com.  August 12, 2018.  Accessed July 14, 2020.
https://www.essaytown.com/subjects/paper/stand-ground-laws-arizona/8733601.