DC Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR

DC Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR

State: District of Columbia

Criminal Jury instructions for the District of Columbia
Fifth Edition (2014)
VI. DEFENSES

Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR

A. MERE WORDS NOT PROVOCATION

If you find that [name of defendant] [was the aggressor] [or] [provoked the conflict upon himself/herself], s/he cannot rely upon the right of self-defense to justify his/her use of force. [One who deliberately puts himself/herself in a position where s/he has reason to believe that his/her presence will provoke trouble cannot claim self-defense.] Mere words without more by [name of defendant], however, do not constitute [aggression] [or] [provocation].

B. NONDEADLY FORCE WHERE DEFENDANT WITHDRAWS

If you find that [name of defendant] [was the aggressor] [or] [provoked the assault upon himself/herself], s/he cannot rely upon the right of self-defense to justify the use of force. However, if one who [is the aggressor] [or] [provokes a conflict] later withdraws from it in good faith, and communicates that withdrawal by words or actions, s/he may use reasonable force to save himself/herself from imminent bodily harm.

C. DEADLY FORCE WHERE DEFENDANT WITHDRAWS

If you find that [name of defendant] [was the aggressor] [or] [provoked the assault upon himself/herself], s/he cannot invoke the right of self-defense to justify his/her use of force. However, if one who [is the aggressor] [or] [provokes a conflict] later withdraws from it in good faith, and communicates that withdrawal by words or actions, s/he may use deadly force to save himself/herself from imminent danger of death or serious bodily harm.

By | 2015-06-14T21:06:56+00:00 June 14th, 2015|Comments Off on DC Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR