NJSA 2C:3-3 Execution of Public Duty
2C:3-3. Execution of public duty
a. Except as provided in subsection b. of this section, conduct is justifiable when it is required or authorized by:
(1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;
(2) The law governing the execution of legal process;
(3) The judgment or order of a competent court or tribunal;
(4) The law governing the armed services or the lawful conduct of war; or
(5) Any other provision of law imposing a public duty.
b. The other sections of this chapter apply to:
(1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and
(2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law.
c. The justification afforded by subsection a. of this section applies:
(1) When the actor reasonably believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
(2) When the actor reasonably believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm
Kenneth Vercammen & Associates, P.C,
2053 Woodbridge Avenue,
Edison, NJ 08817,