3.6(h). Justifiable Use Of Force By Law Enforcement Officer
This is a Florida Jury Instructions form that can be used for 03 Final Charge To The Jury within Criminal.
Last updated: 2/28/2006
3.6(h) JUSTIFIABLE USE OF FORCE BY LAW ENFORCEMENT OFFICER In making an arrest of a felon 776.05, Fla. Stat. Give if applicable A law enforcement officer, or any person [he] [she] has summoned or directed to assist [him] [her], need not retreat from or stop efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force that [he] [she] reasonably believes necessary to defend [himself] [herself] or another from bodily harm while making the arrest. That force is also justified when necessarily used: 1. in retaking a felon who has escaped or 2. in arresting a felon who is fleeing from justice. Force in making unlawful arrest prohibited 776.051(2), Fla. Stat. Use of any force by a law enforcement officer or any person summoned or directed to assist the law enforcement officer is not justified if: Give if applicable 1. The arrest is unlawful and 2. It is known by the officer or the person assisting [him] [her] to be unlawful. In making an arrest of a fleeing felon. Give 1 or 2 as applicable. Define felon In arresting a felon who is fleeing from justice, an officer is justified in the use of any force if (a) the officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or (b) the officer reasonably believes that the fleeing felon has committed a crime involving the infliction or the threatened infliction of serious physical harm to another person. To prevent escape from custody 776.07(1), Fla. Stat. Give if applicable A law enforcement officer or othperson who has an arrested person in er [his] [her] custody is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent the escape of the arrested person from custody. <<<<<<<<<********>>>>>>>>>>>>> 2 To prevent escape from penal institution 776.07(2), Fla. Stat. Give if applicable A guard or other law enforcement officer is justified in the use of any force that [he] [she] reasonably believes to be necessary to prevent an escape from a penal institution of a person the officer reasonably believes is lawfully detained. Give if applicable "Deadly force" includes, but is not limited to: 1. Firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and 2. The firing of a firearm at a vehicle in which the person to be arrested is riding. Definition; give if applicable A "firearm" is legally deweapon (including a sfined as any tarter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.