Use of physical force in defense of a person
Source:
Section 161.209 — Use of physical force in defense of a person, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html
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Notes of Decisions
This section is not inconsistent with ORS 161.260, prohibiting use of physical force in resisting arrest, and rule is that person is not justified in forcibly resisting unless and until he is faced with illegal use by officer of deadly force. State v. Hall, 36 Or App 133, 583 P2d 587 (1978)
In prosecution for menacing, under evidence, inter alia, that defendant knew of earlier confrontation, that defendant had been past victim of vandalism, that juveniles had driven by house and sped away three times before parking in driveway, defendant was entitled to instruction on theory that he acted in self-defense. State v. Lockwood, 43 Or App 639, 603 P2d 1231 (1979)
It was prejudicial error to exclude testimony showing defendant’s awareness of husband’s violent temper and previous violence against wife, because evidence was relevant to whether defendant could have reasonably believed that husband was about to subject wife to “abuse or imminent use of unlawful physical force.” State v. Wheeler, 43 Or App 875, 604 P2d 449 (1979)
Trial court did not err in failing to give defendant’s requested jury instruction that individual has unqualified right to resist arrest, if arrest is made with excessive force. State v. Wright, 310 Or 430, 799 P2d 642 (1990)
Even when one or more of threatening circumstances described in ORS 161.219 is present, use of deadly force is justified only if it does not exceed “degree of force which person reasonably believes to be necessary.” State v. Haro, 117 Or App 147, 843 P2d 966 (1992), Sup Ct review denied
When defendant testified that weapon discharged by accident, trial court did not err by not giving self-defense instruction to jury. State v. Stalder, 117 Or App 289, 844 P2d 225 (1992)
Where defendant maintained at trial that defendant did not intend to injure victim of assault, trial court was justified in not giving self-defense instruction since no evidence supported theory of self-defense. State v. Boyce, 120 Or App 299, 852 P2d 276 (1993)
Spitting in someone’s face is physical act that could support finding that one is “initial aggressor,” thus limiting availability of self-defense justification and supporting jury instruction with “initial aggressor” limitation. State v. Phillips, 313 Or App 1, 493 P3d 548 (2021), Sup Ct review denied
Law Review Citations
51 OLR 579-587 (1972)