AR AMJI 707. Justification—Use of physical force in defense of property.

AR AMJI 707. Justification—Use of physical force in defense of property.

State: Arkansas

ARKANSAS MODEL JURY INSTRUCTIONS—CRIMINAL
AMJI 707. Justification—Use of physical force in defense of property.

Defendant asserts as a defense to the charge of [offense] that he was defending property. This is a defense only if:

First: Defendant reasonably believed the use of physical force on [victim of the physical force] was necessary to [prevent][terminate] victim’s [commission][attempted commission] of [theft] or [criminal mischief] or vicitim’s subsequent flight therefrom; and
Second: Defendant did not use deadly physical force; and
Third: The extent of the force used would appear to be necessary to an ordinary, prudent person under the same or similar circumstances.

The 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 Defendant not guilty.

“Criminal mischief”—Occurs when a person [purposely destroys or causes damage to any property of another] or [ recklessly destroys or damages any property of another] or [purposely tampers with any property of another and thereby causes substantial inconvenience to the owner or some other person]. Ark. Code Ann. § 5-38-203 and -204.

By | 2015-08-18T18:54:32+00:00 August 18th, 2015|Comments Off on AR AMJI 707. Justification—Use of physical force in defense of property.