NM UJI 14-5182. Defense of another; nondeadly force by defendant.

NM UJI 14-5182. Defense of another; nondeadly force by defendant.

State: New Mexico

 

New Mexico Uniform Jury Instructions (UJI)

NM UJI 14-5182. Defense of another; nondeadly force by defendant.

Evidence has been presented that the defendant acted while defending another person.

The defendant acted in defense of another if:

1.  There was an appearance of immediate danger of bodily harm to __________________(person in danger) as a result of __________________(act); and

2.  The defendant believed that __________________(person in danger) was in immediate danger of bodily harm from __________________ (name of victim) and __________________(defensive act) to prevent the bodily harm; and

3.  The defendant used an amount of force that the defendant believed was reasonable and necessary to prevent the bodily harm; and

[4.  The force used by defendant ordinarily would not create a substantial risk of death or great bodily harm; and] (only to be used if death or great bodily harm resulted)

5.  The apparent danger to __________________(person in danger) would have caused a reasonable person in the same circumstances to act as defendant did.

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in defense of __________________(person in danger). If you have a reasonable doubt as to whether the defendant acted in defense of another, you must find the defendant not guilty.

[See also New Mexico Rules Annotated (N.M.R.A.) 14-5182.]

By | 2013-01-31T12:32:38+00:00 January 15th, 2013|Comments Off on NM UJI 14-5182. Defense of another; nondeadly force by defendant.