The Two Part Test for Use of Force

The subway is a hard location to police because of the separate cars. It's not practical to have a police officer on every subway car. So you're right, it is a confined space with limited ability for constant monitoring. Right. And let's get to the test for use of force. It's got both a subjective and an objective component. Let's again go back to the jury instruction. The determination of whether a person reasonably believes physical force to be necessary to defend himself or someone else requires a two part test. First, the defendant must have actually believed that in this case, Mr. Nealey was using or was about to use physical force against him or someone else. Second,