CR07-111†††††††††††††††††† 07/26/19

 

SELF-DEFENSE (USE OF DEADLY FORCE)

††††††††††† Evidence has been introduced bearing on the issue of self-defense, as justification for the [killing of (victim)_______________] [use of deadly force by (Def)_______________].The State bears the burden of proving that the [killing] [use of deadly force] was unlawful.A [killing] [use of deadly force] committed in lawful self-defense is lawful, and not a crime.Here the State must have proven beyond a reasonable doubt that (Def)_______________ did not act in self-defense.[He] [She] has no burden of proof on this issue.

††††††††††† A person has the right to defend [himself] [herself] when [he] [she] is attacked, or when [he] [she] reasonably believes [he] [she] is in imminent danger of being killed or suffering great bodily harm.A person in that situation has the right to use only such force as is reasonably necessary to repel the attack or the perceived imminent danger.

††††††††††† A [killing] [use of deadly force] is justified by self-defense if:

(1)††††††† (Def)_______________ reasonably believed that [he] [she] was in imminent danger of being killed or of suffering great bodily harm, and

(2)††††††† (Def)_______________ís use of deadly force was reasonably necessary to repel the perceived threat.

††††††††††† The right of self-defense does not require that a person actually be assaulted, but (Def)_______________ must have believed that [he] [she] was in imminent danger of great bodily harm, and [his] [her] belief must have been reasonable under the circumstances.[His] [Her] expectation of harm must have been based upon fact, and not on some imaginary fear.Furthermore, if [he] [she] honestly and reasonably believed it was immediately necessary to use deadly force to protect himself from an imminent threat of death or serious bodily injury, the law does not require [him] [her] to retreat.

††††††††††† Self-defense requires that (Def)_______________ must have had a reasonable fear of imminent harm.In deciding this issue, you may consider what [he] [she] knew about (victim)_______________ at the time.You may consider any previous interactions, including any aggressive or hostile conduct by (victim)_______________, and any other evidence you consider relevant, including who started the confrontation.

††††††††††† When assessing the reasonableness of (Def)_______________ís fear, you may consider the individual characteristics of (Def)_______________ and (victim)_______________, such as their respective size, gender, age, physical condition, strength, stamina, courage, and assertiveness.

††††††††††† Self-defense permits only the amount of force that is reasonably necessary to repel the perceived harm.A person may use the amount of force that reasonably appears to be necessary under all of the circumstances known to [him] [her] at the time.In this case you must decide whether (Def)_______________ reasonably believed it was necessary to use the amount of force that [he] [she] did use.When a person has reasonable grounds to believe that an assault is imminent, [he] [she] need not wait until it actually occurs before [he] [she] may resort to self-defense.

††††††††††† Once the issue of self-defense appears in the case, the burden is on the State to prove, beyond a reasonable doubt, that (Def)_______________ did not act in self-defense, or that the force used by (Def)_______________ was excessive under the circumstances.(Def)_______________ is not required to prove that [he] [she] acted in self-defense.