IA I.C.J.I. 400.3 Justification – Elements – Defense Of Third Person.

IA I.C.J.I. 400.3 Justification – Elements – Defense Of Third Person.

State: Iowa

 

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

400.3  Justification – Elements – Defense Of Third Person.

A person is justified in using reasonable force if [he] [she] reasonably believes the force is necessary to defend another from any imminent use of unlawful force.

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

  1.  The defendant knew the person [he] [she] helped had started or continued the incident, or the defendant [himself] [herself] started or continued the incident which resulted in [injury] [death].

  2.  An alternative course of action was available to the defendant.

  3.  The defendant did not believe the person [he] [she] helped was in imminent danger of death or injury and the use of force was not necessary to save the person.

  4.  The defendant did not have reasonable grounds for the belief.

  5.  The force used by the defendant was unreasonable.

By | 2013-02-06T17:28:41+00:00 February 6th, 2013|Comments Off on IA I.C.J.I. 400.3 Justification – Elements – Defense Of Third Person.