what gives you the right?


Standard disclaimer:

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  • I am not an attorney. This is for informational purposes only and is NOT to be mistaken for legal or professional advise.
  • Any opinions I write here are my own and do not represent the views of any agency that employees me.
  • If you have any personal legal concerns, contact a qualified attorney. 
  • I’m from New York and am only familiar with NY Law. These writings are based on that experience. Other States have different laws but many similarities at the root.

The first section of Article 35 that actually spells out the “Who’s What’s and When’s” of the justified use of force is section 35.10:

35.10 Justification; use of physical force generally.

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

1. A parent, guardian or other person entrusted with the care and supervision of a person under the age of twenty-one or an incompetent person, and a teacher or other person entrusted with the care and supervision of a person under the age of twenty-one for a special purpose, may use physical force, but not deadly physical force, upon such person when and to the extent that he reasonably believes it necessary to maintain discipline or to promote the welfare of such person.

This is the section that allows parents to spank, restrain or otherwise discipline a child or other person under 21 they are guardian of. It also grants the same authority to teachers.

2. A warden or other authorized official of a jail, prison or correctional institution may, in order to maintain order and discipline, use such physical force as is authorized by the correction law.

Prison guards of course need to be able to maintain order.

3. A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction, may use physical force when and to the extent that he reasonably believes it necessary to maintain order, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious physical injury.

Bus drivers, Ship captains, Pilots and others in charge of common carriers are authorized to use force to maintain order on their vehicles.

4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon such person to the extent that he reasonably believes it necessary to thwart such result.

Self explanatory.

5. A duly licensed physician, or a person acting under a physician’s direction, may use physical force for the purpose of administering a recognized form of treatment which he or she reasonably believes to be adapted to promoting the physical or mental health of the patient if

(a)the treatment is administered with the consent of the patient or, if the patient is under the age of eighteen years or an incompetent person, with the consent of the parent, guardian or other person entrusted with the patient’s care and supervision, or

(b) the treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

This section not only allows physicians to physically restrain patients (intoxicated, mentally ill, etc.) if necessary it also allows doctors to do things like break bones for re-setting, stop the heart for surgical procedures, etc. When it comes to the law there has to be legal authorization for ANY use of force against another…even what you would take as “common sense” like a doctor sticking a needle into your arm.

6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in self-defense or defense of a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or in order to effect an arrest or prevent an escape from custody. Whenever a person is authorized by any such provision to use deadly physical force in any given circumstance, nothing contained in any other such provision may be deemed to negate or qualify such authorization.

This is the first mention of “self-defense” in Article 35 and it sets the stage. It simply spells out that Article 35 justifies the use of physical force in defense of self or another as well as defending your home, preventing theft or effecting a citizens arrest. Note it says Physical Force. The use of Justified Deadly Physical Force is spelled out further on.

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