PHIL 316 Chapter Notes - Chapter Kadish 2: Model Penal Code, Excused
8 Jul 2016
School
Department
Course
Professor
Document Summary
Kadish; respect for life and regard for rights in the. 1:20 am (1) kadish identifies three groups who may (or must) use defensive force. What are they and what differences does he note between the three groups. The government may use defensive force through capital punishment. Capital punishment has historically been the typical penal response to the most feared or serious crimes. They may kill where reasonably believed necessary to prevent violent felonies and to apprehend any felon. Under some modern statutes they may only kill to prevent crimes that threaten death or serious bodily injury or to prevent the escape of an armed suspect that may pose a threat to life if left at large. They may justifiably take life largely in the same circumstances in which law enforcement officials may. The difference is that they are not duty-bound to do so. A private person may also kill in certain specifically defined cases.
