The Elements of Battery
The Elements of Battery
BATTERY – Harmful or offensive contact with the preson or another or with something closely appurtenant thereto, caused by an act intended to result in such contact or the in the apprehension thereof directed at the other or at a third person.
It is proposed to consider, 1. What is a battery; 2. When a battery, may be justified.
A battery is the unlawful touching the person of another by the aggressor himself, or any other substance put in motion by him. It must be either wilfully committed, or proceed from want of due care. Hence an injury, be it never so small, done to the person of another, in an angry, spiteful, rude or insolent manner, as by spitting in his face, or any way touching him in anger, or violently jostling him, are batteries in the eye of the law. And any thing attached to the person partakes of its inviolability if, therefore, A strikes a cane in the hands of B, it is a battery.
A battery may be justified; 1. on the ground of the parental relation; 2. in the exercise of an office; 3. under process of a court of justice or other legal tribunal; 4. in aid of an authority in law; and lastly, as a necessary means of defence.
First, As a salutary mode of correction. For example: a parent may correct his child, a master his apprentice, a schoolmaster his scholar, and a superior officer, one under his command.
As a means to preserve the peace; and therefore if the plaintiff assaults or is fighting with another, the defendant may lay hands upon him, and restrain him until his anger is cooled; but he cannot strike him in order to protect the party assailed, as he way in self-defence.
Watchmen may arrest, and detain in prison for examination, persons walking in the streets by might, whom there is reasonable ground to suspect of felony, although there is no proof of a felony having been committed.
Any person has a right to arrest another to prevent a felony.
Any one may arrest another upon suspicion of felony, provided a felony has actually been committed and there is reasonable ground for suspecting the person arrested to be the criminal, and that the party making the arrest, himself entertained the suspicion.
Any private individual may arrest a felon.
It is lawful for every man to lay hands on another to preserve public decorum; as to turn him out of church, and to prevent him from disturbing the congregation or a funeral ceremony. But a request to desist should be first made, unless the urgent necessity of the case dispenses with it.
Secondly, A battery may be justified in the exercise of an office. 1. A constable may freshly arrest one who, in, his view, has committed a breach of the peace, and carry him before a magistrate. But if an offence has been committed out of the constables sight, he cannot arrest, unless it amounts to a felony or a felony is likely to ensue.
A justice of the peace may generally do all acts which a constable has authority to perform hence he may freshly arrest one who, in his view has broken the peace; or he may order a constable at the moment to take him up.
Thirdly. A battery may be justified under the process of