FORCE
force,n. Power, violence, or pressure directed against a person or thing.
actual force.Force consisting in a physical act, esp. a violent act directed against a robbery
victim. — Also termed physical force. [Cases: Robbery 6. C.J.S. Robbery §§ 13–23.]
constructive force.Threats and intimidation to gain control or prevent resistance; esp.,
threatening words or gestures directed against a robbery victim. [Cases: Robbery 6. C.J.S.
Robbery §§ 13–23.]
deadly force.Violent action known to create a substantial risk of causing death or serious
bodily harm. • A person may use deadly force in self-defense only if retaliating against another’s
deadly force. — Also termed extreme force. Cf. nondeadly force.
“Under the common law the use of deadly force is never permitted for the sole purpose of
stopping one fleeing from arrest on a misdemeanor charge ….” Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 1098 (3d ed. 1982).
excessive force.Unreasonable or unnecessary force under the circumstances.
extreme force.See deadly force.
independent force.Force not stimulated by a situation created by the actor’s conduct.
intervening force.Force that actively produces harm to another after the actor’s negligent act
or omission has been committed.
irresistible force.Force that cannot be foreseen or controlled, esp. that which prevents the
performance of a contractual obligation; FORCE MAJEURE. [Cases: Contracts 309(1). C.J.S.
Contracts §§ 520–522, 524.]
legal force.See reasonable force.
nondeadly force. 1. Force that is neither intended nor likely to cause death or serious bodily
harm; force intended to cause only minor bodily harm. 2. A threat of deadly force, such as
displaying a knife. — Also termed moderate force. Cf. deadly force.
physical force.See actual force.
reasonable force.Force that is not excessive and that is appropriate for protecting oneself or
one’s property. • The use of reasonable force will not render a person criminally or tortiously liable.
— Also termed legal force.
“One does not use jeweller’s scales to measure reasonable force.” Reed v. Wastie, [1972]
Crim. L.R. 221 (per Lane, J.) (as quoted in Glanville Williams, Textbook of Criminal Law 451
(1978)).
unlawful force.Force that is directed against a person without that person’s consent, and that
is a criminal offense or an actionable tort. Model Penal Code § 3.11. [Cases: Assault and Battery
- C.J.S. Assault and Battery §§ 2–4, 6–8.]
force,vb. To compel by physical means or by legal requirement <Barnes used a gun to force
Jillian to use her ATM card> <under the malpractice policy, the insurance company was forced to
defend the doctor>.[Blacks Law 8th]