NM NMRA 14-5173. Justifiable homicide; public officer or employee.

NM NMRA 14-5173. Justifiable homicide; public officer or employee.

State: New Mexico

New Mexico Rules Annotated (NMRA)

14-5173. Justifiable homicide; public officer or employee.

Evidence has been presented that the killing of ________________________ (name of victim) was justifiable homicide by a public officer or employee.
The killing was justifiable homicide by a public officer or public employee if:
1. At the time of the killing, ________________________ (name of defendant) was a public officer or employee; and
2. The killing was committed while ________________________ (name of defendant) was performing [his] [her] duties as a public officer or employee;
3. The killing was committed while2
[overcoming the actual resistance of ________________________ (name of victim) to the execution of ________________________3]
[overcoming the actual resistance of ________________________ (name of victim) to the discharge of ________________________4]
[retaking [______________________________ (name of victim)] [a person], who committed ________________________5 and who had [been rescued]6 [escaped__
[arresting ______________________________ (name of victim) [a person], who committed ________________________5 and was fleeing from justice]
[attempting to prevent the escape from ______________________________7 by [______________________________ (name of victim)] [a person] who committed ________________________ 5]; and
4. A reasonable person in the same circumstances as ________________________ (name of defendant) would have reasonably believed that ________________________ (name of victim) posed a threat of death or great bodily harm to ________________________ (name of defendant) or another person. The burden is on the state to prove beyond a reasonable doubt that the killing was not justifiable. If you have a reasonable doubt as to whether the killing was justifiable, you must find the defendant not guilty.

By | 2015-09-27T10:44:01+00:00 September 27th, 2015|Comments Off on NM NMRA 14-5173. Justifiable homicide; public officer or employee.