JUSTIFICATION

Justification – Private Citizen Use of Deadly Force

When reasonably believed to be necessary

(§ 108) Self or Other defense against imminent unlawful deadly force

Against persons committing or about to commit  Robbery , Kidnapping or

“ Gross Sexual Assault ” via compulsion

(§ 104) By occupants to prevent arson , or to prevent or terminate

burglary of dwelling  (warning) by intruders

** (§§107 & 15) To effect arrest of persons who IN FACT committed felony

crime involving deadly force, etc.  -- (NOT RECOMMENDED)

Belief only:

(§107) Where directed to do so by Law Enforcement Officer , and citizen

State of Mind: What does that mean

Title 17-A §101   Active Shooter Situations

“In complete safety”

Provocation Negates Justification

Duty to retreat

Claim of right – property

Comply with demand (conceptually similar to retreat)

Animals:

7MRSA§3951  Dog attack “Sudden Unprovoked Assault ”

Title 17A §103 wild animal harm to persons

Title 12 §  Wildlife Causing Damage or Nuisance

Non Deadly force (frequently encountered) – eject trespasser, recover recently stolen property, resist assault (self or innocent other), teachers, pilots, parents 

STATE OF MAINE v. KENNY L. OUELLETTE  Self defense is available to defend against a crime of recklessness.

Threatened use deadly force “is the equivalent of non-deadly force."  State v. Lord, 617A.2d 536, 537 (Me. 1992)

© 2012