IA I.C.J.I. 400.13 Victim’s Previous Bad Acts Or Character.

IA I.C.J.I. 400.13 Victim’s Previous Bad Acts Or Character.

State: Iowa

 

Iowa Criminal Jury Instructions (I.C.J.I.)

400.13  Victim’s Previous Bad Acts Or Character. 

Evidence has been received concerning (name of victim)’s [(acts of violence)(threats)(bad treatment) against defendant] [character for being (traits, e.g., quarrelsome, vicious)] in an effort to show that (name of victim) was a dangerous and violent person.

This evidence bears on whether (name of victim) was the aggressor at the time the defendant (e.g., fired the shots) and also whether the defendant acted under circumstances which would have caused a reasonable person to be afraid of being injured or killed by (name of victim).

A deliberate and unprovoked use of force was not justified merely if (name of victim) was a dangerous and violent person.  If the defendant used force in revenge or only to punish (name of victim), the defendant’s act was not justified.

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