IA I.C.J.I. 400.20 Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense.

IA I.C.J.I. 400.20 Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense.

State: Iowa

 

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

400.20  Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense.

A person is justified in using reasonable force if [he][she] reasonably believes the force is necessary to make an arrest of another who has committed or attempted a public offense in the person’s presence.

If the State has proved any of the following elements, the defendant was not justified:

1.  A public offense had not been committed or attempted in the defendant’s presence.

2.  The defendant did not reasonably believe the force used was necessary to [make the arrest][prevent serious injury to another].

By | 2013-02-06T17:42:30+00:00 February 6th, 2013|Comments Off on IA I.C.J.I. 400.20 Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense.