IN IJA 10.1100. Citizen’s Use of Reasonable Force Relating to Arrest or Escape.

IN IJA 10.1100. Citizen’s Use of Reasonable Force Relating to Arrest or Escape.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.1100. Citizen’s Use of Reasonable Force Relating to Arrest or Escape.

I.C. 35-41-3-3(a).

A person other than a law enforcement officer is justified in using reasonable force against another person to effect that person’s arrest or prevent that person’s escape if:

1. a felony has been committed; and

2. there is probable cause to believe the other person committed that felony.

The felony of (name felony Defendant asserts was committed by arrested 
person) is defined as (define felony).

It is a defense to the charge of (name offense charged) that

1. The felony of (name felony Defendant asserts was committed by arrested person) had in fact been committed, and

2. The Defendant knew that (name felony) had been committed, and

3. Based on all the circumstances known to the Defendant there was a reasonable probability (name arrested person) had committed the felony, and

4. The Defendant used reasonable nondeadly force to [arrest ____________ (name arrested person)] [prevent _______________ (name arrested person) from escaping].

The State has the burden of disproving this defense beyond a reasonable doubt.

By | 2018-03-11T12:20:32+00:00 March 11th, 2018|Comments Off on IN IJA 10.1100. Citizen’s Use of Reasonable Force Relating to Arrest or Escape.