AZ RAJI3d 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

AZ RAJI3d 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

 

A defendant was justified in threatening deadly physical force against another if:

1.The defendant was [making an arrest or detention] [assisting in making an arrest or detention] [preventing the escape after arrest or detention] [assisting in preventing the escape after arrest or detention] of another person; and

2.A reasonable person would have believed that threatening deadly physical force was immediately necessary [to effect the arrest or detention] [to prevent the escape]; and

3.[The defendant made known to the other person the purpose of the arrest or detention] [The defendant believed that the other person knew the purpose of the arrest or detention] [The defendant could not have reasonably made known to the person to be arrested or detained, the purpose of the arrest or detention]; and

4.A reasonable person effecting the arrest or detention would have believed that the arrest or detention was lawful; and

5.A reasonable person effecting the arrest or detention would have believed that the person [being arrested] [escaping] was:
[Actually resisting the discharge of a legal duty with deadly physical force.]
[Actually resisting the discharge of a legal duty with the apparent capacity to use deadly physical force.]
[A felon who had escaped from lawful confinement.] [A felon who was fleeing from justice.]
[A felon who was resisting arrest with physical force.]

A person is justified in threatening deadly physical force only while the [flight] [escape] [resisting] continues, and the justification ends when the [flight] [escape] [resisting] ends.

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 | 2013-01-14T11:09:11+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement