AR AMJI 704. Justification—Use of Physical Force in Defense of a Person

AR AMJI 704. Justification—Use of Physical Force in Defense of a Person

State: Arkansas

ARKANSAS MODEL JURY INSTRUCTIONS—CRIMINAL
AMJI 704. Justification—Use of Physical Force in Defense of a Person

[Defendant] asserts as a defense to the charge of [ ] offenses that he was defending himself or another person. This is a defense only if:

First: Defendant reasonably believed that [victim] was using or about to use unlawful physical force upon him or another person; and
Second: Defendant only used such force which he reasonably believed to be necessary.

Defendant would not have been justified in using physical force upon another if:

(a) with the purpose to cause physical injury or death to [victim] defendant provoked the use of unlawful physical force; or
(b) he was the initial aggressor. However, if you find that the defendant withdrew from the encounter and effectively communicated to the other person his intent to withdraw, then the defendant was no longer the initial aggressor when the other person continued or threatened to continue the use of unlawful physical force ; or
(c) the physical force involved was the product of combat by agreement which was not authorized by law.

Defendant, in asserting this defense, is required only to raise a reasonable doubt in your minds. Consequently, if you believe that this defense has been shown to exist, or if the evidence leads you with a reasonable doubt as to his guilt of [offense], then you must find him not guilty.

“Physical force”—means any bodily impact, restraint, or confinement, or the threat thereof.
§ 5-2-601(3)

“Reasonably believes” or “reasonable belief”—means the belief that an ordinary, prudent man would form under the circumstances in question and one not recklessly or negligently formed.
Ark. Code Ann § 5-1-102(18)

Ark. Code Ann § 5-6-620 mandates an appropriate justification instruction when some evidence of a defense has been introduced.

By | 2015-08-18T18:46:37+00:00 August 18th, 2015|Comments Off on AR AMJI 704. Justification—Use of Physical Force in Defense of a Person