CO H:10 USE OF PHYSICAL FORCE (SPECIAL RELATIONSHIPS)

CO H:10 USE OF PHYSICAL FORCE (SPECIAL RELATIONSHIPS)

State: Colorado

Colorado Jury Instructions-Criminal (COLJI-Crim) (2016)

H:10 USE OF PHYSICAL FORCE (SPECIAL RELATIONSHIPS)

The evidence presented in this case has raised the affirmative defense of “physical force pursuant to a special relationship,” as a defense to [insert name(s) of offense(s)].

The defendant was legally authorized to use physical force upon another person if:

 

[1. he [she] was [a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person] [a teacher or other person entrusted with the care and supervision of a minor], and

2. he [she] used reasonable and appropriate physical force upon the [minor] [incompetent person], when and to the extent it was reasonably necessary and appropriate, to maintain discipline or promote the welfare of the minor [incompetent person].]

[1. he [she] was a superintendent [or other authorized official] of a [jail] [prison] [correctional institution], and

2. he [she] used reasonable and appropriate physical force, when and to the extent that he [she] reasonably believed it was necessary to maintain order and discipline. [, and]

[3. he [she] reasonably believed that the use of deadly physical force was necessary to prevent death or serious bodily injury.]]

[1. he [she] was a person responsible for the maintenance of order in a common carrier of passengers, [or was acting under the direction of a person with that responsibility,] and

2. he [she] used reasonable and appropriate physical force, when and to the extent that it was necessary, to maintain order and discipline. [, and]

[3. the use of deadly physical force was reasonably necessary to prevent death or serious bodily injury.]]

[1. he [she] was a person acting under a reasonable belief that another person was about to [commit suicide] [inflict serious bodily injury upon himself [herself]], and

2. he [she] used reasonable and appropriate physical force upon that person to the extent that it was reasonably necessary to thwart the result.]]

[1. he [she] was a duly licensed [physician] [advanced practice nurse] [person acting under the direction of a duly licensed [physician] [advanced practice nurse]], and

2. he [she] used reasonable and appropriate physical force for the purpose of administering a recognized form of treatment that he [she] reasonably believed to be adapted to promoting the physical or mental health of the patient, and

3. [the treatment was administered with the consent of the patient.] [the patient was a minor or an incompetent person, and the treatment was administered with the consent of his [her] parent, guardian, or other person entrusted with his [her] care and supervision.] [the treatment was administered in an emergency when the physician or advanced practice nurse reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.]]

The prosecution has the burden to prove, beyond a reasonable doubt, that the defendant’s conduct was not legally authorized by this defense. In order to meet this burden of proof, the prosecution must disprove, beyond a reasonable doubt, at least one of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has failed to meet this burden of proof, then the prosecution has failed to prove the defendant’s conduct was not legally authorized by this defense, which is an essential element of [insert name(s) of offense(s)]. In that event, you must return a verdict of not guilty of [that] [those] offense[s].

After considering all the evidence, if you decide the prosecution has met this burden of proof, then the prosecution has proved the defendant’s conduct was not legally authorized by this defense. In that event, your verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must depend upon your determination whether the prosecution has met its burden of proof with respect to the remaining elements of [that] [those] offense[s].

COMMENT

1. See § 18-1-703(1)(a–e), C.R.S. 2016.

2. See Instruction F:58 (defining “common carrier”); Instruction F:87 (defining “deadly physical force”); Instruction F:332 (defining “serious bodily injury”).

3. Previously, the statute defining child abuse included “without justifiable excuse” as an element. Although the supreme court construed that language as incorporating the affirmative defense of reasonable discipline, the General Assembly has since amended the child abuse statute and removed the language. See § 18-6-401, C.R.S. 2016; People v. Lybarger, 700 P.2d 910, 916 (Colo. 1985); People v. Hoehl, 568 P.2d 484, 487 (Colo. 1977).

By | 2017-04-01T13:54:48+00:00 January 20th, 2015|Comments Off on CO H:10 USE OF PHYSICAL FORCE (SPECIAL RELATIONSHIPS)