Difference between revisions of "Defense of property"

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(Created page with 'Only nondeadly force may be used to defend property in one's possession (other than one's home) from unlawful interference. In terms of real property, interference means ent�')
 
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Only nondeadly force may be used to defend property in one's possession (other than one's home) from unlawful interference.  In terms of real property, interference means entry or trespass.  In the case of personal property, interference means removal or damage.  The need to use force must reasonably appear imminent.  The use of deadly force is never justified to protect property alone.
 
Only nondeadly force may be used to defend property in one's possession (other than one's home) from unlawful interference.  In terms of real property, interference means entry or trespass.  In the case of personal property, interference means removal or damage.  The need to use force must reasonably appear imminent.  The use of deadly force is never justified to protect property alone.
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== Defenses ==
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'''Table of Contents'''
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===Procedural Defenses===
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* [[Double jeopardy]]
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*[[ Statutory Limitation]]
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*[[ Lack of jurisdiction]]
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* [[Entrapment]]
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* [[Procedural defects]]
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* [[Motion to suppress]]
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*[[ Immunity and Public Authority]]
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===Normal Defenses===
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* [[Self-Defense]]
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* [[Defense of others]]
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* [[Defense of property]]
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* [[Mental Incapacity]]
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* [[Alibi]]
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* [[Necessity]]
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* [[Duress]]
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* [[Physical Impossibility]]
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* [[Mistake of Law]]
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* [[Mistake of Fact]]
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* [[Mistake of identity]]
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* [[Consent]]
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* [[Lack of intent]]
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* [[Maltreated Women Syndrome]]
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*[[ Intoxication]]
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* [[Criminal act with Sincere Intent]]

Revision as of 14:19, 31 May 2010

Only nondeadly force may be used to defend property in one's possession (other than one's home) from unlawful interference. In terms of real property, interference means entry or trespass. In the case of personal property, interference means removal or damage. The need to use force must reasonably appear imminent. The use of deadly force is never justified to protect property alone.

Defenses

Table of Contents

Procedural Defenses

Normal Defenses