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II. Judicial Standards and Principles
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2.9 General Principles of Securing the Accused |
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Article 61-Fugitives
from justice |
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| 61.1 |
Fugitives from justice |
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A fugitive from justice is any man or woman for which a fugitive from justice warrant exists. |
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There are four principle reasons for the issue of a fugitve from justice warrant: |
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(1) That a man or woman is wanted in connection to an offence and has failed to surrender themselves to police for questioning; |
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(2) That a man or woman was granted bail and has breached the conditions of their bail and/or failed to appear; |
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(3) That a man or woman has escaped from custody; |
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| 61.2 |
Violent and dangerous fugitives from Justice |
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A violent and dangerous fugitive from justice is a man or woman for which a fugitive from justice warrant exists and, the following specific conditions exist: |
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(1) They have been previously convicted of a violent crime; |
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(2) They have previously shown contempt for law enforcement officials through violent or intimidation and/or escape; |
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(3) They are believed to be armed. |
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| 61.3 |
Right to shoot to kill in order to defend law enforcement and other citizens |
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Where a violent and dangerous fugitive from justice exists, by this Code, law enforcement officials are permitted to use deadly force in order to defend themselves and protect the lives of others if such a man or woman is unwilling to surrender peacefully. |
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Law enforcement officials must offer the right to surrender once, clearly and without mistake and must not harm or injure the fugitive if they immediately surrender without incident. This is not required if the dangerous and violent fugitive is believed to hold hostages. |
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