Compare and contrast the following statutes that address the justification defense of habitat. A.R.S. (Arizona) 13-407.Justification; use
Question:
Compare and contrast the following statutes that address the justification defense of habitat.
A.R.S. (Arizona)
13-407.Justification; use of physical force in defense of premises
A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.
C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
I.L.C.S. (Illinois)
Sec. 7-2.Use of force in defense of dwelling. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if: (1) The entry is made or attempted in a violent, | ||
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(2) He reasonably believes that such force is | ||
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(720 ILCS 5/2-6) (from Ch. 38, par. 2-6) Sec. 2-6."Dwelling".(a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence. |
Auditing An International Approach
ISBN: 978-0071051415
6th edition
Authors: Wally J. Smieliauskas, Kathryn Bewley