AZ RAJI3d 4.06 − Justification for Defense of a Third Person

AZ RAJI3d 4.06 − Justification for Defense of a Third Person

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.06 − Justification for Defense of a Third Person

 

A defendant is justified in using or threatening physical force in defense of a third person if the following two conditions existed:

A reasonable person in the situation would have believed that physical force was immediately necessary to protect against another’s [use] [attempted used] [threatened use] of unlawful physical force against a third person; and

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

A defendant may use deadly physical force in defense of a third person only to protect against another’s [use] [attempted use] [threatened use] of deadly physical force.

Defense of a third person justifies the use or threat of physical force or deadly physical force only while the danger continues, and it ends when the danger ends. The force used may not be greater than reasonably necessary to defend against the danger.

Actual danger is not necessary to justify the use of physical force or deadly physical force in defense of a third person.

The use of physical force or deadly physical force is justified if a reasonable person in the situation would have reasonably believed that immediate physical danger appeared to be present.

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

1. Physical force was immediately necessary to protect against another’s [use] [attempted use] [threatened use] of unlawful physical force against a third person;

2. Deadly physical force was immediately necessary to protect against another’s [use] [attempted use] [threatened use] of unlawful physical force against a third person.

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

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 | 2013-01-14T11:03:26+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.06 − Justification for Defense of a Third Person