17.18 - 3. Deadly Force Against Escapees
| Jurisdiction | New York |
3. Deadly Force Against Escapees
The defense is also available to certain guards or peace officers who guard prisoners, and employees of the Office of Drug Abuse Services who hold certain addicts or drug-dependent persons in custody, when they use physical force to prevent escape.2747
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Notes:
[2747] . PL § 35.30(5).
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- 17.0 - I. Introduction
- 17.1 - II. Distinction Between Affirmative And Ordinary Defenses And Order Of Proof
- 17.2 - III. Affirmative Defenses
- 17.3 - A. Duress
- 17.4 - B. Renunciation
- 17.5 - C. Entrapment
- 17.6 - D. Mental Disease Or Defect
- 17.7 - 1. Competency
- 17.8 - 2. Responsibility
- 17.9 - A. Plea Of Not Responsible By Reason Of Mental Disease
- 17.10 - B. Result Of Verdict Or Plea Of Not Responsible
- 17.11 - C. Trying An Insanity Defense Case
- 17.12 - E. Extreme Emotional Disturbance
- 17.13 - IV. “Ordinary” Defenses
- 17.14 - A. Infancy And “Juvenile Offender” Procedures
- 17.15 - B. Justification
- 17.16 - 1. Peace Officers And Justification
- 17.17 - 2. Private Citizen Arrests And Physical Force
- 17.18 - 3. Deadly Force Against Escapees
- 17.19 - 4. “No Sock” Provisions
- 17.20 - 5. Physical Force By Parents And Guardians
- 17.21 - C. Alibi
- 17.22 - V. Judicially Created Defense Of Agency
- 17.23 - VI. Criminal Facilitation—Agency Defense Inapplicable
- 17.24 - VII. Negating Intent (Mental Culpability)
- 17.25 - A. IntoXIcation
- 17.26 - B. Mistake Of Fact Or Law
- 17.27 - VIII. Alternate Defenses—Proof And Argument
- 17.28 - A. Inconsistent Defenses Are Not Barred
- 17.29 - B. Third-Party Culpability Evidence
- 17.30 - C. Actual Innocence
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