AR AMJI 705. Justification—Use of Deadly Physical Force in Defense of a Person

AR AMJI 705. Justification—Use of Deadly Physical Force in Defense of a Person

State: Arkansas

ARKANSAS MODEL JURY INSTRUCTIONS—CRIMINAL
AMJI 705. Justification—Use of Deadly Physical Force in Defense of a Person

Defendant asserts as a defense to the charge of [offense] that deadly physical force was necessary to defend himself or another person. This is a defense only if:

First: Defendant reasonably believed that [victim] was committing or was about to commit [felony], with force or violence;
Defendant reasonably believed that [victim] was using or about to use unlawful deadly physical force;
Defendant reasonably believed that his life was in imminent danger from or [victim] was imminently about to victimize her in the continuation of a pattern of domestic abuse.

And second: Defendant only used such force as he reasonably believed to be necessary.

A person is not justified in using deadly physical force if he knows that the use of deadly physical force can be avoided with complete safety:

(a) by retreating. However, he is not required to retreat if he is in his dwelling, on the curtilage surrounding his dwelling, and was not the original aggressor or a law enforcement officer acting in line of duty or assisting at the direction of a law enforcement officer.
(b) by surrendering possession of property to a person who claims a lawful right to it.

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 leaves you with a reasonable doubt as to his guilty of [offense], then you must find him not guilty.

“Curtilage”—means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling.

“Deadly physical force”—means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

“Dwelling”—means an enclosed space that is used or intended to be used on a temporary or permanent basis as a human habitation, home, or residence.
§ 5-1-102

By | 2015-08-18T18:50:10+00:00 August 18th, 2015|Comments Off on AR AMJI 705. Justification—Use of Deadly Physical Force in Defense of a Person