235 Legal Aspects of Lethal Force & Use of Firearms Flashcards

Under Act 235, which of the following would most likely constitute an UNLAWFUL use of deadly force?

Answer: Shooting a suspect who is verbally threatening but standing 30 feet away with no visible weapon

Verbal threats alone without a weapon or physical capability to immediately carry out the threat generally do not justify deadly force.

An Act 235 certificate holder's authority to carry a lethal weapon is primarily derived from:

Answer: The employer's license and the employee's valid Act 235 certification

Act 235 authority flows from the employing agency holding the appropriate license and the individual holding a valid certification issued under the Act.

Which of the following best describes the legal concept of 'proportionality' in use-of-force decisions?

Answer: The force used must match the severity and imminence of the threat faced

Proportionality requires that the level of force used be appropriate to — and not excessive relative to — the threat being faced.

After an Act 235-certified employee uses deadly force in the course of employment, what is the most critical immediate legal obligation?

Answer: Notify law enforcement and the employer and cooperate with the investigation

Immediately notifying law enforcement and the employer and cooperating with the official investigation are the primary legal obligations after a use-of-force incident.

A person is protected from criminal prosecution for using deadly force in self-defense ONLY if:

Answer: They did not provoke or initiate the confrontation and faced an imminent deadly threat

Self-defense protection from criminal prosecution generally requires that the defender did not provoke the attack and faced an imminent threat of death or serious bodily injury.

What does the legal term 'curtilage' refer to in the context of the Castle Doctrine?

Answer: The land and structures immediately surrounding and associated with a home

Curtilage refers to the land and ancillary structures immediately surrounding and directly associated with a home, which may receive some of the same legal protections as the dwelling itself.

Which factor most significantly reduces the legal justification for deadly force even when a threat initially appeared imminent?

Answer: The threat has clearly ceased — the attacker is incapacitated or fleeing

Once a threat clearly ceases — such as when an attacker is incapacitated or fleeing — the legal justification for deadly force also ceases.