Section 3.04 - Essay Example

 Section 3.04 Subdivision Based on the provisions of this section and section 3.09, the use of force on or toward another person is necessary whenthe person applying such force believes that the force is immediately justifiable for the purpose of securing himself against the use of illegal force by the other person in present time (Ritchie, 2009).Subdivision 2: Limitations on Justifying Necessity for Use of Forcea) The use of force is illegal under this Subdivision:i) to resist apprehension which the actor knows is being made by a peace officer, despite the arrest being illegal; orii) to resist force applied by the possessor or occupier of property or by someone else on his/her behalf, where the person applying the “victim” is aware that the person applying the force is doing so under a claim of right to guard the property, except that this limitation shall not hold in specific circumstances recognized by the law (Ritchie, 2009).    (b) The use of deadly force is illegal in this Section unless the actor is convinced that such force is justifiable to guard himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat;  nor is it legal in conditions specific conditions recognized by the law (Ritchie, 2009).    (c) Except as mandated by paragraphs (a) and (b) of this Subsection, a person employing protective force may gauge the need thereof under the conditions as he believes them to be when the force is employed, without retreating, surrendering possession, performing any other act which he is not authorized to do or avoiding from any lawful action (Ritchie, 2009).

Subdivision 3: Use of Confinement as Protective ForceThe justifications provided by this Section applies to the application of confinement as protective force only in a scenario where the actor exhausts all logical measures to end the confinement as soon as he/she is aware that he/she can, unless the confined person has been apprehended on a charge of crime (Ritchie, 2009).ReferencesRitchie, D. A. (2009). The U.S. Constitution. New York, N.Y.: Chelsea House Publishers.