Herbert Wechsler et alii multi, Model
Penal
Code §
3.04. Use of Force in Self-Protection
(1)
Use of Force Justifiable for Protection of the
Person. Subject
to the provisions of this Section and of
 Section 3.09, the use of force upon
or toward another person is justifiable when the actor believes that such
force is immediately necessary for the purpose of protecting himself against
the use of unlawful force by such other person on the present occasion.
(2)
Limitations on Justifying Necessity for Use of Force.
(a) The use of force is not
justifiable under this Section:
 (ii) to resist force used by the
occupier or possessor of property or by another person on his behalf, where
the actor knows that the person using the force is doing so under a claim of
right to protect the property . . .
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(b) The use of
deadly force is not justifiable under this Section unless the actor believes
that such force is
 necessary to protect himself against death, serious
bodily injury, kidnapping or sexual intercourse compelled by force or threat;
nor is it justifiable if:
(i) the actor, with the purpose
of causing death or serious bodily injury, provoked the use of force against
himself in the same encounter; or
(ii)
the actor knows that he can avoid the necessity of using such force with
complete safety by retreating or
by surrendering
possession of a thing to a
person asserting a claim of right thereto or by complying with a demand that
he abstain from any action that
he has no duty to take, except that:
(A)
the actor is not obliged to retreat from his
dwelling or place of work, unless he was the initial aggressor or is
assailed in his place of work by another person whose place of work the
actor knows it to be . . .
The implicit Roman Law principle is??? |
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Sanford H.
Kadish, "Model Penal Code's Historical Antecedents," Rutgers Law Journal
19 (1987) 521-538 |
Louis B. Schwartz,
"The Model Penal Code: An Invitation to Law Reform," American Bar
Association Journal 49 (1963) 447-455 |