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Practice Bar Eam

In: Other Topics

Submitted By kaisaj
Words 2570
Pages 11
2/4/2013 Exam
Question #1
Dan’s Justification
a)Dan’s Pursuit of Al
Use of non-deadly force to reclaim one’s property
Use of non-deadly force to reclaim one’s property is allowed under the Model Penal Code if the following three conditions are met 1)the third party’s inference is unlawful 2)the intrusion was on property in defendant’s possession or property for which he served as a bailee and 3)use of non-deadly force is immediately necessary.
Under common law non-deadly force may be used to protect personal property in one’s lawful possession if this force appears reasonable to prevent or terminate an immediate unlawful intrusion with that property.
In this case, Dan would justify his pursuit of Al as his rightful action to reclaim his property, the handgun and ammunition. Dan would also would testify that Al’s tender of counterfeit moneys amounted to an attempt at larceny by trick. The registration papers had not been completed and Dan was still in possession of the property. Al’s attempt to leave with the property justified Dan’s pursuit of Al.
The requirement to desist
The Model Penal Code requires that for necessary use of non-deadly force to recapture property, the defending party must first request that the defendant desist his trespassory activity unless the defender believes this request would be useless, or put his person or property in greater danger. In this case, Dan did follow the requirement of making a request to desist, telling Al, “If you don’t stop, the next shot will stop you.”
Use of non-deadly force to prevent the commission of a felony or serious breach of the peace
Additionally, non-deadly force is also allowed where believed to be reasonably necessary to prevent the commission of a felony or a serious breach of peace. In this case Dan was preventing the felony of larceny of a handgun and ammunition. He was also

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