Under the MPC, when may a person resist arrest with non-deadly force?

Under the MPC, when may a person resist arrest with non-deadly force?

• A. The arrest is unlawful
• B. The arrest is lawful
• C. Only if the suspect is unarmed
• D. Only if force is deadly

Answer: (A)

The key idea is that the Model Penal Code allows resisting arrest with non-deadly force only when the arrest is unlawful. Law enforcement has authority to make arrests, so submitting and challenging the arrest through the courts is the expected route for a lawful arrest. If the arrest is unlawful—lacking probable cause, genuine authority, or jurisdiction—a person may use reasonable, non-deadly force to resist, as a defense to the charge of resisting. The emphasis is on proportional, non-deadly force used to stop an illegal action, not on defying a lawful arrest. Deadly force to resist an arrest is not justified simply because the arrest is unlawful; it would only be considered in self-defense if there’s an imminent threat to life or serious bodily harm.

The key idea is that the Model Penal Code allows resisting arrest with non-deadly force only when the arrest is unlawful. Law enforcement has authority to make arrests, so submitting and challenging the arrest through the courts is the expected route for a lawful arrest. If the arrest is unlawful—lacking probable cause, genuine authority, or jurisdiction—a person may use reasonable, non-deadly force to resist, as a defense to the charge of resisting. The emphasis is on proportional, non-deadly force used to stop an illegal action, not on defying a lawful arrest. Deadly force to resist an arrest is not justified simply because the arrest is unlawful; it would only be considered in self-defense if there’s an imminent threat to life or serious bodily harm.