Use of Force & Arrest · §9.02

Justification — In General

Justification — In General is covered under §9.02 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Framework" on practice exams.

To prove this offense, the State must establish each of the following elements: Defense to prosecution (not affirmative defense); State must disprove beyond a reasonable doubt once raised; Includes self-defense, defense of others, defense of property, necessity, peace officer use of force.

Elements you must prove

  • Defense to prosecution (not affirmative defense)
  • State must disprove beyond a reasonable doubt once raised
  • Includes self-defense, defense of others, defense of property, necessity, peace officer use of force

Practice 1 question on this topic

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Worked examples

Worked example 1

Texas Penal Code §9.02 provides that:

  1. Justification is an affirmative defense
  2. It is a defense to prosecution that the conduct in question is justified under chapter 9 Correct
  3. Justification is a complete bar only for certain offenses
  4. Justification applies only to peace officers
Why: Justification under Chapter 9 is a defense to prosecution — when raised by the evidence, the State must disprove it beyond a reasonable doubt. It is not an affirmative defense (which would shift the burden of proof).
Statute: Tex. Penal Code §9.02

Statutory definitions for this topic

Justification Tex. Penal Code §9.02
A defense to prosecution under Tex. Penal Code ch. 9. When raised by the evidence, the State must disprove the justification beyond a reasonable doubt. Includes self-defense, defense of others, defense of property, necessity, and peace officer use of force.