AR AMJI 706. Justification—Use of Physical Force in Defense of premises

AR AMJI 706. Justification—Use of Physical Force in Defense of premises

State: Arkansas

ARKANSAS MODEL JURY INSTRUCTIONS—CRIMINAL
AMJI 706. Justification—Use of Physical Force in Defense of premises

Defendant asserts as a defense to the charge of [offense] that he was defending [premises]/[vehicle].

A person may use non-deadly physical force to defend [premises]/[vehicle] only if:

he is in lawful possession or control of the [premises][vehicle]; and
he reasonably believes that it is necessary to use physical force to terminate the [commission][attempted commission] of a criminal trespass by another person; and
the extent and necessity of the force used would appear to be necessary to an ordinary, prudent man under the same or similar circumstances.

A person may use deadly physical force to defend [premises][vehicle] only if:

(a) he is in lawful possession or control of the [premises][vehicle]; and
he reasonably believes that it is necessary to use deadly physical force to prevent the commission of [arson][burglary] by a trespasser; and the extent and necessity of the force used would appear to be necessary to an ordinary, prudent man under the same or similar circumstances.
(b) he is in lawful possession or control of the [premises][vehicle]; and
he reasonably believes another person is [committing or about to commit][felony with force or violence][using or about to use unlawful deadly force]; and

the extent and necessity of the force used would appear to be necessary to an ordinary, prudent man under the same or similar circumstances.

However, a person is not justified in using deadly physical force if he knows that the use of deadly force could have been avoided with complete safety:

(a) [by retreating][But a person is not required to retreat if he is [in his dwelling and was not the original aggressor][a law enforcement officer actin in the line of duty[]assisting at the direction of a law enforcement officer.]
(b) by surrendering the possession of property to a person who has 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 guilt of [offense], then you must find him not guilty.

“Occupiable structure:–means a vehicle, building, or other structure [where any person lives or carries on a business or other calling] or [where people assemble for purposes of (business) (government) (education) (religion)(entertainment)(public transportation); or [which is customarily used for overnight accommodation of persons] whether or not a person is actually present. Ark. Code. Ann. § 5-2-601.

A person commits “criminal trespass” if he purposely enters or remains unlawfully in or upon a vehicle or the premises of another person. Ark. Code. Ann. § 5-39-203

A person commits “arson” if he starts a fire or causes an explosion with the purpose of destroying or otherwise damaging [an occupiable structure of another person] or [any property of another person if he thereby negligently creates a risk of death or serious physical injury to any person] or [a vital public facility]. Ark. Code. Ann. § 5-38-301

A person commits “burglary” if he enters or remains unlawfully in an occupiable structure of another person with the purpose of committing therein any offense punishable by imprisonment. Ark. Code. Ann. § 5-39-201

“Premises”—means occupiable structures and any real property. Ark. Code. Ann. § 5-2-601.

By | 2015-08-18T18:52:04+00:00 August 18th, 2015|Comments Off on AR AMJI 706. Justification—Use of Physical Force in Defense of premises