Also known as: uses of force · used force · using force · use-of-force · excessive force
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An application of physical strength or intimidation that overcomes resistance or constitutes a trespassory breaking. The force must be used either to obtain or immediately retain property or to effect an entry.
An application of physical strength or intimidation that overcomes resistance or constitutes a trespassory breaking. The force must be used either to obtain or immediately retain property or to effect an entry.
Select any source to read its text and confirm it supports the definition.
Expression advocating violent or unlawful conduct. Such advocacy receives First Amendment protection unless it is directed to inciting or producing imminent lawless action and is likely to do so.
Select any source to read its text and confirm it supports the definition.
Expression advocating violent or unlawful conduct. Such advocacy receives First Amendment protection unless it is directed to inciting or producing imminent lawless action and is likely to do so.
Each sense below has its own examples, sources, and questions.
Unity Underhill grabs a wallet from Ugo Uberti on a sidewalk and begins to run. When Ugo immediately pursues and reaches for the wallet, Unity shoves him to the ground and escapes with the property. The shove supplies the force element because it occurs right after the taking to prevent prompt recovery.
Ugo Ucelli finds a stranger interfering with his parked car. Before applying any physical contact, Ugo asks the person to stop and step away. Only after the request is ignored does Ugo use minimal force to remove the hand from the vehicle. The prior request satisfies the condition for justifiable force under the governing standard.
Ursula Upton grabs a neighbor who is attempting to strike her during a property dispute. The neighbor responds with a shove that exceeds what is needed for self-protection. Ursula may defend herself against the excessive response while remaining liable only for her own initial contact.
Ulf Ulfsson approaches a closed but unlocked door to a dwelling at night. He turns the knob and pushes the door open with slight pressure to gain entry with intent to commit a felony inside. The minimal force used to open the door constitutes the required breaking element.
Usman Uddin knows that pushing a trespasser off his land will send the person tumbling down a steep cliff with serious injury likely. He refrains from using force even though he believes the trespass is unlawful. The known risk of substantial bodily harm prevents the use of force from being justified.
The force or threat must be used either to obtain the property or to retain it immediately afterward, such as by stopping the victim's pursuit or preventing prompt recovery. Force used only later or for another purpose does not satisfy the element.
Supporting sources
Yes, the actor must first request the interferer to stop unless the actor reasonably believes the request would be useless, dangerous, or that substantial harm to the property will occur before the request can be made.
Supporting sources
A person subjected to excessive force or confinement retains the normal privilege to defend against that excess. The original actor remains liable only for the excessive portion of the force used.
Supporting sources
Ulf Ulfsson delivers a public address urging listeners to consider violent resistance to government policies at some future time. He provides no instructions for immediate action and no group forms to carry out violence that night. The speech remains protected because it does not call for or create a likelihood of imminent lawless conduct.
Advocacy loses protection only when it is directed to inciting or producing imminent lawless action and is likely to incite or produce that action. Abstract teaching or future-oriented calls for violence remain protected speech.
Supporting sources
…(by helping organized crime) affects commerce among the States. But, why then cannot Congress also reason that the threat or use of force—the frequent consequence of possessing a gun—in or near a school occurs sufficiently often so that such activity (by inhibiting basic education) affects commerce among the States? The…