West Virginia Security Guard Practice Exam

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Everyone who is authorized by law to use force is criminally responsible for any excess thereof. What section of the Criminal Code deals with "excess force"?

  1. Section 26 Criminal Code

  2. Section 34 Criminal Code

  3. Section 41 Criminal Code

  4. None of the Above

The correct answer is: Section 26 Criminal Code

Section 26 of the Canadian Criminal Code is the correct answer because it explicitly outlines the legal responsibilities of anyone authorized to use force, such as a security guard. This section states that anyone who is legally authorized to use force is criminally responsible for any excess of the force authorized by law. Indeed, it serves as a crucial legislative stipulation to ensure that those authorized to use force, such as security officers, do so judiciously to prevent misuse or excessive application. Hence, this is the statutory provision that precisely governs excess force allegations in Canada, setting it apart from other sections of the Criminal Code.

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