Self Defense and "Willful or Wanton Misconduct"

[Frank Ettin]

It's still a puzzle. Anything which might make the use of force "willful and wanton" pretty much automatically makes it unjustified.

 

[Art Eatman]

Frank, while I agree, there's a reason for my guessing in Post #3. Call it force over and above that which is needed? Continuing to shoot even after a threat is obviously ended?

 

[Frank Ettin]

Frank, while I agree, there's a reason for my guessing in Post #3. Call it force over and above that which is needed? Continuing to shoot even after a threat is obviously ended?

But the general rule is that force over and above what is needed or continuing to shoot after the threat has ended is not justified. So while excess or unnecessary force can certainly be willful and wanton, it will also be unjustified.

 

[gc70]

Anything which might make the use of force "willful and wanton" pretty much automatically makes it unjustified.

I see a difference between the use of force being justified and the nature of the force used being unjustified.

The authorization to use force in self-defense is based on the existence of a threat or attack. The level of force authorized in self-defense is further based on the severity of the threat or attack. The use and level of force already being justified, Illinois appears to add a third, and subsequent, factor limiting the nature of the force used.

 

[Arizona_Mike]

I wonder if this is a provocation exception.

Mike

 

[Trent]

No mike that's covered in

(720 ILCS 5/7-4) (from Ch. 38, par. 7-4)
Sec. 7-4. Use of force by aggressor.
The justification described in the preceding Sections of this Article is not available to a person who:

(a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or

And other statutes. So they're not justified; therefore the wanton and willful clause would never come in to play.