IN IJA 10.0300. Use of Force to Protect Person.

IN IJA 10.0300. Use of Force to Protect Person.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.0300. Use of Force to Protect Person.

I.C. 35-41-3-2.


It is an issue whether the Defendant acted in [self-defense] [defense of another person].

A person may use reasonable force against another person to protect (himself/herself from what he/she) or (someone else) from what the Defendant reasonably believes to be the imminent use of unlawful force.

A person is justified in using deadly force, and does not have a duty to retreat, only if he/she reasonably believes that deadly force is necessary [to prevent serious bodily injury to himself/herself or a third person] [to prevent the commission of a forcible felony].

[However, a person may not use force if:
(he/she is committing a crime that is directly and immediately connected to the

(confrontation) (use a descriptive term based on evidence). (or)

(he/she is escaping after the commission of a crime that is directly and immediately connected to the (confrontation) (use a descriptive term based on evidence).)

(or)

(he/she provokes a fight with another person with intent to cause bodily injury to that person).

(or)

(he/she has willingly entered into a fight with another person or started the fight, unless he withdraws from the fight and communicates to the other person his intent to withdraw and the other person nevertheless continues or threatens to continue the fight).]

The State has the burden of proving beyond a reasonable doubt that the Defendant did not act in self-defense.

By | 2018-03-11T12:20:55+00:00 March 11th, 2018|Comments Off on IN IJA 10.0300. Use of Force to Protect Person.