A forcible felony, in the criminal law of various US states, is a felony that is subject to special penalties because it involves the use or threat of physical force. Forcible felonies are defined by statute. Typical examples of forcible felonies include murder, arson, rape, kidnapping, and armed robbery.[1]
Police pursuits
editSome states have adopted a "forcible felony rule", under which police are only authorized to use deadly force to apprehend people suspected of forcible felonies.[1] Prior to the Supreme Court's 1985 decision in Tennessee v. Garner, this was a minority position, and many states authorized deadly force to apprehend any fleeing felon.[2]
Many jurisdictions came to adopt the forcible felony rule for vehicular pursuits as well.[3]
Self-defense
editMany states authorize the use of lethal force to prevent the commission of a forcible felony against oneself or others. These include Florida,[4] Illinois,[5] Oklahoma[6] and Utah.[7]
Florida
editFlorida defines forcible felonies to include treason and burglary as well as violent felonies.[8] Forcible felonies are subject to mandatory minimum sentences under the state's 10-20-Life law.[9]
Illinois
editIn addition to violent crimes, forcible felonies under Illinois law include burglary, residential burglary, and treason.[10] Any felony may be a forcible felony under Illinois law if the felony "involves the use or threat of physical force or violence".[11]
The Illinois rule for felony murder defines any killing that occurs in the commission of a forcible felony as first-degree murder, regardless of intent (unless the felony itself is second-degree murder). A 2021 reform included in the SAFE-T Act narrowed that rule to require that one of the participants in the felony have "caused the death of a person".[12]
In 2018, Illinois was the first state in the US to adopt legislation recognizing postpartum depression and postpartum psychosis as mitigating factors in forcible felonies.[13] The legislation applies to criminal sentencing as well as post-conviction relief.[14]
Works cited
edit- Tennenbaum, Abraham N. (1994). "The Influence of the Garner Decision on Police Use of Deadly Force". Journal of Criminal Law and Criminology. 85 (1): 241–260. doi:10.2307/1144118. JSTOR 1144118.
References
edit- ^ a b Tennenbaum 1994, p. 243.
- ^ Tennenbaum 1994, p. 244.
- ^ Eisenberg, Clyde; Fitzpatrick, Cynthia (1996). "An Alternative to Police Pursuits". FBI Law Enforcement Bulletin. 65: 16. Retrieved 2022-06-05.
- ^ "Chapter 776 Section 012 - 2013 Florida Statutes". The Florida Senate. Retrieved 2022-06-06.
776.012 Use of force in defense of person.
- ^ "Castle Doctrine and Illinois Law". RNH Law, P.C. Retrieved 2022-06-06.
- ^ "Section 1289.25 - Physical or Deadly Force Against Intruder". Oklahoma Statutes Citationized. Oklahoma State Courts Network. Retrieved 2022-06-06.
- ^ "Utah Code Section 76-2-402". Utah State Legislature. Retrieved 2022-06-06.
Section 402 Force in defense of person -- Forcible felony defined. (Effective 5/4/2022)
- ^ "Florida Statute 776.08". Retrieved 2022-06-05.
- ^ "10-20-Life Criminals Sentenced to Florida's Prisons: The Justice Impact of Governor Bush's Initiative on Armed Felons". National Institute of Corrections. October 31, 2006. Archived from the original on 2010-06-26. Retrieved 5 July 2010.
- ^ "CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012". Illinois Compiled Statutes. Illinois General Assembly. Retrieved 2022-06-05.
- ^ McGibbons, Arthur (2020-02-06). "Forcible Felony | What Are The Forcible Felonies In Illinois?". IllinoisCaseLaw.com. Retrieved 2022-06-06.
- ^ Grace Kinnicutt (2022-02-09). "Republicans cite SAFE-T Act as reason Chicago man not charged with murder". Daily Journal. Retrieved 2022-06-06.
- ^ Noehre, Samantha M. (2008-04-18). "Policy Analysis of IL Public Act 100-0574". Retrieved 2022-06-06.
- ^ Lewis, Barry (March 2018). "A New Model Law Offers Hope: Postpartum Disorders and the Law" (PDF). The NACDL Champion. Retrieved 2022-06-05.
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