AZ RAJI3d 4.11 − Use of Force in Crime Prevention

AZ RAJI3d 4.11 − Use of Force in Crime Prevention

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 4.11 − Use of Force in Crime Prevention

 

The defendant was justified in threatening or using physical force and/or deadly physical force against another if and to the extent the person reasonably believed that physical force or deadly physical force was immediately necessary to prevent another from committing or apparently committing the crime[s] of:

[List applicable enumerated crime[s] from A.R.S. § 13-411(A)].

There is no duty to retreat before threatening or using deadly physical force. There is no requirement that any threat to the defendant’s safety exist before the defendant may use physical force and/or deadly physical force. However, physical force and/or deadly physical force can be used only to the extent it appears reasonable and immediately necessary to prevent commission of the crime[s].

The defendant’s use or threatened use of physical or deadly force is not limited to a person’s home, residence, place of business, land the person owns or leases, or conveyance of any kind, but includes any place in this state where a person has a right to be.

The defendant is presumed to be acting reasonably if the defendant is acting to prevent the commission of [list applicable enumerated crime[s] from A.R.S. § 13-411(A)].

The defendant is justified in using physical force and/or deadly physical force against another person even if that person is not actually committing or attempting to commit the crime[s] if the defendant reasonably believed he/she was preventing the commission of the crime[s]. Actual danger is not necessary to justify the use of physical force or deadly physical force in crime prevention.

If evidence was presented that raised this justification defense for [insert count number and name of offense], then 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 Use Note regarding the applicability of this paragraph.]

By | 2013-01-14T11:11:46+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.11 − Use of Force in Crime Prevention