Use-of-Force Continuum: Delaware Statutory Definitions
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Citation
Summary and Notes
Law Enforcement statute defines instances where the use of force is justifiable, including where the defendant is making an arrest or assisting in making an arrest and believes that such force is immediately necessary to effect the arrest.
Relevant Excerpt
(a) The use of force upon or toward the person of another is justifiable when: (1) The defendant is making an arrest or assisting in making an arrest and believes that such force is immediately necessary to effect the arrest.
Law enforcement statute defines instances where the use of deadly force is justifiable, including the requirement that all other reasonable means of apprehension have been exhausted.
(c) The use of deadly force is justifiable under this section if all other reasonable means of apprehension have been exhausted, and: (1) The defendant believes the arrest is for any crime involving physical injury or threat thereof, and the deadly force is directed at a vehicle to disable it for the purpose of effecting the arrest, or the defendant believes the arrest is for a felony involving physical injury or threat thereof; (2) The defendant believes that the force employed creates no substantial risk of injury to innocent persons; and (3) The defendant believes that there is a substantial risk that the person to be arrested will cause death or serious physical injury, or will never be captured if apprehension is delayed.