Citizen Arrest
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the Defendant may avoid liability for Plaintiff’s injuries under the theory that Defendant was conducting a lawful citizen’s arrest.
Analysis
R: The legality of a citizen’s arrest depends on whether the arrest was made for (1) a felony or (2) a misdemeanor.
A: Here, [apply rules to facts].
C: Therefore, the Plaintiff [was committing/had committed] a [felony/misdemeanor].
1. Felony
R: A private individual is privileged to use reasonable force to arrest another for a felony if (1) the felony has been committed, (2) the arresting party has reasonable grounds to suspect that the person they are arresting committed the felony, and (3) the individual reasonably believes that law enforcement will likely be unable to apprehend the suspect unless immediate action is taken by the private party. This privilege also extends to the prevention or termination of a felony.
A: Here, [apply rules to facts].
C: Therefore, Defendant [was/was not] privileged to use force against Plaintiff.
a. Reasonable Mistake Expansion
R: If the private actor makes a reasonable mistake regarding the identity of the suspect but not the occurrence of the felony itself, the privilege to use force for the citizen’s arrest still applies. The Third Restatement does not acknowledge this expansion.
A: Here, [apply rules to facts].
C: Therefore, Defendant’s reasonable mistake [negates/does not negate] this privilege.
2. Misdemeanor
R: A private individual is privileged to arrest another for a misdemeanor if (1) the misdemeanor is committed in the arresting party’s presence, (2) the misdemeanor constitutes a breach of the peace, meaning it disturbs public order or threatens public safety, (3) the offense creates a substantial risk of bodily harm to others, and (4) the arresting party reasonably believes that law enforcement will be unable to prevent or stop the offense unless they act immediately.
A: Here, [apply rules to facts].
C: Therefore, Defendant [was/was not] privileged to use force against Plaintiff.
Conclusion
C: Therefore, the Defendant may [avoid/not avoid] liability for Plaintiff’s injuries under the theory that they were conducting a lawful citizen’s arrest.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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