NJ 2C:3‑9c RECKLESS OR NEGLIGENT INJURY OR RISK OF INJURY TO INNOCENT PERSONS (N.J.S.A)

NJ 2C:3‑9c RECKLESS OR NEGLIGENT INJURY OR RISK OF INJURY TO INNOCENT PERSONS (N.J.S.A)

State: New Jersey

 

New Jersey Jury Instructions

NJ 2C:3‑9c  RECKLESS OR NEGLIGENT INJURY OR RISK OF INJURY TO INNOCENT PERSONS (N.J.S.A)

The defense has argued that the use of force against (Victim 1) was justified under the law for the purpose of (insert one of the following):

Execution of public duty ‑ 2C:3‑3

Self-protection ‑ 2C:3‑4

Protection of other persons ‑ 2C:3‑5

Defense of premises or personal property – 2C:3‑6

Law enforcement ‑ 2C:3‑7

Carrying out a special responsibility ‑ 2C:3‑8

The State has charged that in using force against (Victim 1) the defendant recklessly or negligently injured or created a risk of injury to (Victim 2), an innocent person.

A person is reckless in injuring or creating a risk of injury to an innocent person when he/she consciously disregards a substantial and unjustifiable risk that the injury or risk of injury will result from his/her conduct.  The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him/her, its disregard involves a gross deviation from the standard of conduct that a reasonable-person would observe in the actor’s situation. In other words, if the defendant knew that it was very likely that his/her use of force against (Victim 1) would injure or create a risk of injury to an innocent, person, but he/she went ahead and used it anyway, where a reasonable person would not have used force, then he/she acted recklessly.

A person is negligent in injuring or creating a risk of injury to an innocent person when he/she should be aware of a substantial and unjustifiable risk that the injury or risk of injury will result from his/her conduct.  The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his/her conduct and the circumstances known to him/her, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.  In other words, if it were very likely that the defendant’s use of force against (Victim 1) would injure or create a risk of injury to an innocent person, and given the circumstances, the defendant should have known that, but he/she went ahead and used force anyway, where a reasonable person would not have used force, then he/she acted negligently.

If you find that the defendant, in using force against (Victim 1) was either reckless or negligent in injuring or creating a risk of injury to (Victim 2), then the fact that the defendant might have been justified under the law in acting against (Victim 1) cannot be used as a defense to the charges as to (Victim 2).

By | 2013-01-15T07:55:46+00:00 January 15th, 2013|Comments Off on NJ 2C:3‑9c RECKLESS OR NEGLIGENT INJURY OR RISK OF INJURY TO INNOCENT PERSONS (N.J.S.A)