Use-of-Force Continuum: New Jersey Statutory Definitions
Training
Citation
Summary and Notes
General statute that defines instances where the use of force is justifiable.
Relevant Excerpt
a. Use of force justifiable to effect an arrest. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor reasonably believes that such force is immediately necessary to effect a lawful arrest.
General statute that defines limitations on the use of force. Discusses deadly force, but does not mention de-escalation or warning before shooting.
b. Limitations on the use of force. . . . (2) The use of deadly force is not justifiable under this section unless: (a) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer; and (b) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and (c) The actor reasonably believes that the crime for which the arrest is made was homicide, kidnapping, an offense under 2C:14-2 or 2C:14-3, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes; and (d) The actor reasonably believes: (i) There is an imminent threat of deadly force to himself or a third party; or (ii) The use of deadly force is necessary to thwart the commission of a crime as set forth in subparagraph (c) of this paragraph; or (iii) The use of deadly force is necessary to prevent an escape.