forcible felony
A forcible felony, in the criminal law of various US states, is a felony that is subject to special penalties because it involves the use or threat of physical force. Forcible felonies are defined by statute. Typical examples of forcible felonies include murder, arson, rape, kidnapping, and armed robbery.{{sfn|Tennenbaum|1994|p=243}}
Police pursuits
{{See also|Car chase}}
Some states have adopted a "forcible felony rule", under which police are only authorized to use deadly force to apprehend people suspected of forcible felonies.{{sfn|Tennenbaum|1994|p=243}} Prior to the Supreme Court's 1985 decision in Tennessee v. Garner, this was a minority position, and many states authorized deadly force to apprehend any fleeing felon.{{sfn|Tennenbaum|1994|p=244}}
Many jurisdictions came to adopt the forcible felony rule for vehicular pursuits as well.{{Cite journal
| url = https://heinonline.org/HOL/LandingPage?handle=hein.journals/fbileb65&div=56&id=&page=
| access-date = 2022-06-05
| volume = 65
| journal = FBI Law Enforcement Bulletin
| page = 16
| year = 1996
| title = An Alternative to Police Pursuits
| author1-first = Clyde
| author1-last = Eisenberg
| author2-first = Cynthia
| author2-last = Fitzpatrick
}}
Self-defense
{{Main|Self-defense}}
Many states authorize the use of lethal force to prevent the commission of a forcible felony against oneself or others. These include Florida,{{Cite web
| url = https://www.flsenate.gov/Laws/Statutes/2013/776.012
| access-date = 2022-06-06
| title = Chapter 776 Section 012 - 2013 Florida Statutes
| publisher = The Florida Senate
| quote = 776.012 Use of force in defense of person.
}} Illinois,{{Cite web
| url = https://rnh-law.com/castle-doctrine-and-illinois-law/
| access-date = 2022-06-06
| publisher = RNH Law, P.C.
| title = Castle Doctrine and Illinois Law
}} Oklahoma{{Cite web
| url = https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782
| access-date = 2022-06-06
| title = Section 1289.25 - Physical or Deadly Force Against Intruder
| work = Oklahoma Statutes Citationized
| publisher = Oklahoma State Courts Network
}} and Utah.{{Cite web
| url = https://le.utah.gov/xcode/Title76/Chapter2/76-2-S402.html
| access-date = 2022-06-06
| title = Utah Code Section 76-2-402
| publisher = Utah State Legislature
| quote = Section 402 Force in defense of person -- Forcible felony defined. (Effective 5/4/2022)
}}
Florida
Florida defines forcible felonies to include treason and burglary as well as violent felonies.{{Cite web
| url = https://flsenate.gov/Laws/Statutes/2011/776.08
| access-date = 2022-06-05
| title = Florida Statute 776.08
}} Forcible felonies are subject to mandatory minimum sentences under the state's 10-20-Life law.{{cite web|url=http://nicic.gov/Library/017815|title=10-20-Life Criminals Sentenced to Florida's Prisons: The Justice Impact of Governor Bush's Initiative on Armed Felons|date=October 31, 2006|publisher=National Institute of Corrections|accessdate=5 July 2010|archive-url=https://web.archive.org/web/20100626021742/http://nicic.gov/Library/017815|archive-date=2010-06-26|url-status=dead}}
Illinois
In addition to violent crimes, forcible felonies under Illinois law include burglary, residential burglary, and treason.{{Cite web
| url = https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1876&ChapterID=53
| access-date = 2022-06-05
| title = CRIMINAL OFFENSES (720 ILCS 5/) Criminal Code of 2012.
| work = Illinois Compiled Statutes
| publisher = Illinois General Assembly
}} Any felony may be a forcible felony under Illinois law if the felony "involves the use or threat of physical force or violence".{{Cite web
| url = https://illinoiscaselaw.com/forcible-felony/
| accessdate = 2022-06-06
| title = Forcible Felony {{!}} What Are The Forcible Felonies In Illinois?
| work = IllinoisCaseLaw.com
| author-first = Arthur
| author-last = McGibbons
| date = 2020-02-06
}}
The Illinois rule for felony murder defines any killing that occurs in the commission of a forcible felony as first-degree murder, regardless of intent (unless the felony itself is second-degree murder). A 2021 reform included in the SAFE-T Act narrowed that rule to require that one of the participants in the felony have "caused the death of a person".{{Cite web
| url = https://www.daily-journal.com/news/illinois/republicans-cite-safe-t-act-as-reason-chicago-man-not-charged-with-murder/article_20e63daf-5250-5555-b840-72f1b25298ef.html
| work = Daily Journal
| accessdate = 2022-06-06
| title = Republicans cite SAFE-T Act as reason Chicago man not charged with murder
| author = Grace Kinnicutt
| date = 2022-02-09
}}
In 2018, Illinois was the first state in the US to adopt legislation recognizing postpartum depression and postpartum psychosis as mitigating factors in forcible felonies.{{Cite web
| url = https://www.ideals.illinois.edu/handle/2142/99709
| access-date = 2022-06-06
| title = Policy Analysis of IL Public Act 100-0574
| author-first = Samantha M.
| author-last = Noehre
| date = 2008-04-18
}} The legislation applies to criminal sentencing as well as post-conviction relief.{{Cite journal
| journal = The NACDL Champion
| title = A New Model Law Offers Hope: Postpartum Disorders and the Law
| date = March 2018
| author-first = Barry
| author-last = Lewis
| access-date = 2022-06-05
| url = https://www.barrylewislaw.com/wp-content/uploads/2018/06/NACDL-The-Champion-Lewis-article-PPP.pdf
}}
Works cited
- {{Cite journal
| author-first = Abraham N.
| author-last = Tennenbaum
| title = The Influence of the Garner Decision on Police Use of Deadly Force
| journal = Journal of Criminal Law and Criminology
| volume = 85
| issue = 1
| year = 1994
| pages = 241–260
| doi = 10.2307/1144118
| jstor = 1144118
| url = https://scholarlycommons.law.northwestern.edu/jclc/vol85/iss1/6
| url-access = subscription}}