Legal Memorandum Memo To: Judge Research Paper

(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:

(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or (2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

This issue as to whether a police officer is entitled to a special defense regarding law enforcement officers is questionable.Since the Defendant was leaving his home to going to work and was late, it could be said that he was still off-duty. The defense section of the code states that a police officer is only entitled to use physical force in conjunction with carrying out his duties as a law officer. In this case, acting as a private person, he has the right to defend himself against the imminent use of deadly force but being an officer off duty does not afford him extra….....