Citizen's arrest and use of non-deadly force being necessary

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Question: what is the statute in RI and MA on making a citizen'arrest on one's unlawfull deadly attack and holdding the attacker at gun point to restrain until the police arrive . I believe the law states branding, displaying or pointing a firearm is not deadly force but non deadly force. Thus non deadly force seems reasonable and necessary force. Please comment.

Attorney Answers

3
Jay Finnecy ·
There's really no reason to comment. Your's is NOT a criminal defense question and you should avoid whatever situtation it is that you seem to anticipate.
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Neville Bedford ·
I am finding no mention of "citizen's arrest" in the RI statutes. I agree with the other answerer that situations like this are best avoided whenever possible. I think you may be contemplating a self defense situation but it is difficult to know for sure. This one did give authority to POLICE officers: TITLE 12 Criminal Procedure CHAPTER 12-7 Arrest SECTION 12-7-9 § 12-7-9 Conditions justifying force dangerous to life. – A police officer may use force dangerous to human life to make a lawful arrest for committing or attempting to commit a felony, whenever he or she reasonably believes that force dangerous to human life is necessary to effect the arrest and that the person to be arrested is aware that a peace officer is attempting to arrest him or her. History of Section. (G.L. 1938, ch. 625, § 68; P.L. 1941, ch. 982, § 1; G.L. 1956, § 12-7-9.)
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Thomas Briody ·
If you are looking to arrest someone, join a police department. Criminal defense attorneys are generally not in the business of advising people on how to arrest someone or to use force, whether deadly or non-deadly. And if you are charged with a crime associated with the use of force, it is highly doubtful that saying "a lawyer told me this was okay" would constitute a defense. If you see someone breaking the law, call the police. If you are being attacked, you have the right to use reasonable force to defend yourself. But keep in mind that what is reasonable to you may not be viewed as reasonable by a police officer or a prosecutor or a jury. So the best advice I can give you is to avoid situations where you have to defend yourself and let the police do the job they are trained to do.
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