MD CJI&C § 8.13(F). Self-Defense: Evidence Relating to the Victim’s Prior Acts of Violence, Threats, and Violent or Dangerous Character

MD CJI&C § 8.13(F). Self-Defense: Evidence Relating to the Victim’s Prior Acts of Violence, Threats, and Violent or Dangerous Character

State: Maryland

2 MD Criminal Jury Instructions and Commentary § 8.13(F)
Maryland Criminal Jury Instructions and Commentary, Third Edition
Chapter 8 DEFENSES
L. Self-Defense

CJI&C § 8.13(F). Self-Defense: Evidence Relating to the Victim’s Prior Acts of Violence, Threats, and Violent or Dangerous Character

Evidence has been presented of [alleged past threats by (insert name of victim) against (insert name of defendant)] [the violent or dangerous character of (insert name of victim)] [prior acts of violence by (insert name of victim)].

One of the elements of self-defense is whether (insert name of defendant) was the aggressor as I have previously defined it. You may consider evidence of [past threats by (insert name of victim) against (insert name of defendant)] [the violent or dangerous character of (insert name of victim)], whether known or not by (insert name of defendant) at the time of the alleged crime, to corroborate or strengthen (insert name of defendant)’s account of who was the aggressor.

Two other elements of self-defense are whether (insert name of defendant) actually believed that [he] [she] was in imminent or immediate danger of [bodily harm] [serious bodily harm or death] from [his] [her] assailant or potential assailant, and whether (insert name of defendant) had reasonable grounds for that belief. You may consider evidence of [past threats by (insert name of victim) against (insert name of defendant)] [the violent or dangerous character of (insert name of victim)] [prior acts of violence by (insert name of victim)] if known to (insert name of defendant) at the time of the alleged crime, to determine whether (insert name of defendant) actually believed [he] [she] was in imminent or immediate danger of [bodily harm] [serious bodily harm or death], and whether such belief was reasonable. [You may not consider evidence of [past threats by (insert name of victim) against (insert name of defendant)] [the violent or dangerous character of (insert name of victim)] [prior acts of violence by (insert name of victim)] if not known to (insert name of defendant)].

By | 2018-04-06T07:22:08+00:00 April 6th, 2018|Comments Off on MD CJI&C § 8.13(F). Self-Defense: Evidence Relating to the Victim’s Prior Acts of Violence, Threats, and Violent or Dangerous Character