LA § 6:21 Justifiable homicide—Killing of a burglar [robber]

LA § 6:21 Justifiable homicide—Killing of a burglar [robber]

State: Louisiana

Louisiana Criminal Jury Instructions (2017)
§ 6:21 Justifiable homicide—Killing of a burglar (robber)

A homicide is justifiable if the defendant killed a person who was committing or attempting to commit a burglary of [robbery in] a dwelling [a place of business] [motor vehicle] when the defendant reasonably believed the person was likely to use [attempting to use] unlawful force against any person present in the dwelling [place of business] [motor vehicle].

The defendant is not required to retreat from the encounter even when the circumstances indicate that he could have done so.

Thus, if you find:

(1) that the person killed was committing or attempting to commit a burglary of [robbery in] a [dwelling or place of business or motor vehicle]; and

(2) that the defendant reasonably believed the person killed was [likely] [attempting] to use unlawful force against someone present in the [dwelling or place of business or motor vehicle] during the commission of the burglary [robbery]; then you must find the defendant not guilty.

I. If you find that

(1) the defendant was lawfully inside a [dwelling][place of business][motor vehicle] and

(2) the person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the [dwelling][place of business][motor vehicle] and

(3) the defendant knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred,

you should [must] presume that the defendant held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto [or compel the intruder to leave the [premises]][motor vehicle].]

II. If you find that the defendant was not engaged in unlawful activity and was in a place where he [she] had a right to be, the defendant had not duty to retreat before using force or violence and had the right to stand his [her] ground and meet force with force.

III. If you find that the defendant used force or violence in defense of his [her] person or property, you shall not consider the possibility of retreat as a factor in determining whether or not the defendant had a reasonable belief that such force or violence was reasonably and apparently necessary to prevent the forcible offense or prevent the unlawful entry.

Updated: 7/12/2017

By | 2017-07-12T18:13:01+00:00 August 25th, 2015|Comments Off on LA § 6:21 Justifiable homicide—Killing of a burglar [robber]