Use of Force & Arrest · §9.02

Justification — In General

Justification — In General (§9.02): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • 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

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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.