AZ RAJI3d 4.05 − Justification for Self-Defense Physical Force

AZ RAJI3d 4.05 − Justification for Self-Defense Physical Force

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.05 − Justification for Self-Defense Physical Force

 

A defendant is justified in using or threatening deadly physical force in self-defense if the following two conditions existed:

1. Areasonablepersoninthesituationwouldhavebelievedthatdeadlyphysicalforce was immediately necessary to protect against another’s use or apparent attempted or threatened use of unlawful deadly physical force; and

2. The defendant used or threatened no more deadly physical force than would have appeared necessary to a reasonable person in the situation.

A defendant may use deadly physical force in self-defense only to protect against another’s use or apparent attempted or threatened use of deadly physical force.

Self-defense justifies the use or threat of deadly physical force only while the apparent danger continues, and it ends when the apparent danger ends. The force used may not be greater than reasonably necessary to defend against the apparent danger.

The use of deadly physical force is justified if a reasonable person in the situation would have reasonably believed that immediate deadly physical danger appeared to be present. Actual danger is not necessary to justify the use of deadly physical force in self-defense.

You must decide whether a reasonable person in a similar situation would believe that:

Deadly physical force was immediately necessary to protect against another’s [use] [attempted use] [threatened use] [apparent attempted use] [apparent threatened use] of unlawful deadly physical force.

You must measure the defendant’s belief against what a reasonable person in the situation would have believed.

A defendant has no duty to retreat before threatening or using deadly physical force in self-defense if the defendant:

1. Had a legal right to be in the place where the use or threatened deadly physical force in self-defense occurred; and

2. Was not engaged in an unlawful act at the time when the use or threatened deadly physical force in self-defense occurred.

The State has the burden of proving beyond a reasonable doubt that the defendant did not act with such justification. If the State fails to carry this burden, then you must find the defendant not guilty of the charge. [The user is directed to the Prefatory Use Note regarding the applicability of this paragraph.]

By | 2013-01-14T11:00:20+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.05 − Justification for Self-Defense Physical Force