New Jersey Section 2C:3-3 – Execution of public duty
New Jersey Code 2C:3-3 – Execution of Public Duty
Section 2C:3-3 of the New Jersey code covers the use of force in the execution of a public duty. This section of the law establishes that the use of force is justifiable when a public officer is making an arrest or preventing an escape, overcoming resistance, or defending others from bodily harm.
Some key aspects of this law include:
- It applies to law enforcement officers, corrections officers, and military personnel engaged in military operations
- The use of deadly force is only permitted when the officer believes it is immediately necessary to protect themselves or others from imminent danger of death or serious bodily harm
- Officers must use reasonable care to prevent injury to innocent bystanders when using force
This law has been referenced in cases involving police use of force. For example, in State v. S.B., the court cited 2C:3-3 when evaluating if an officer’s use of deadly force was justified.
There has been debate about this law and policies around use of force. Some argue that the law should be amended to impose a higher standard or duty to de-escalate situations when possible. Others say the current law provides appropriate legal protections for officers making split-second decisions in dangerous situations.
Overall, 2C:3-3 aims to balance the need for public safety and effective law enforcement with individual rights and safety. But its application in individual cases continues to be controversial.