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:
- Justification is an affirmative defense
- It is a defense to prosecution that the conduct in question is justified under chapter 9 Correct
- Justification is a complete bar only for certain offenses
- 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.