NH CrJI 3.14 SELF-DEFENSE: NON-DEADLY FORCE NOT JUSTIFIED

NH CrJI 3.14 SELF-DEFENSE: NON-DEADLY FORCE NOT JUSTIFIED

State: New Hampshire

NH CrJI 3.14 SELF-DEFENSE: NON-DEADLY FORCE NOT JUSTIFIED [1985]

A person does not have the right to use non-deadly force to defend himself [or a third person] if:

R.S.A. 627:4, 1(a) – Provocation

1. The defendant provoked the use of force by the other person; and

2. The defendant provoked the other person with a purpose to cause physical harm.

Thus, you should find the defendant did not act in self-defense if you find that even though he was not the first one to use force, the defendant provoked the other person into using force so that he could, in return, injury the other person.

R.S.A. 627:4, I(b) – Initial Aggression

1. The defendant was the initial aggressor; that is, the defendant was the first one to use force. If the defendant was the initial aggressor, he can only rely on self-defense if later he withdrew from the encounter, effectively told the other person that he withdrew and then the other person continued to threaten or use force.

R.S.A. 627:4 – Mutual Combat

The force was used by the defendant during mutual combat; that is, during a fight which the defendant and the other person agreed to have. If you decide that the defendant used force during mutual combat, then you should consider whether the State has proven that the defendant is guilty of mutual combat. [See instruction 2.12].

By | 2015-07-15T10:07:44+00:00 July 15th, 2015|Comments Off on NH CrJI 3.14 SELF-DEFENSE: NON-DEADLY FORCE NOT JUSTIFIED