PA 9.508D JUSTIFICATION: USE OF LESS THAN DEADLY FORCE TO PREVENT SUICIDE OR THE COMMISSION OF CRIME

PA 9.508D JUSTIFICATION: USE OF LESS THAN DEADLY FORCE TO PREVENT SUICIDE OR THE COMMISSION OF CRIME

State: Pennsylvania

Pennsylvania Suggested Standard Jury Instructions

9.508D JUSTIFICATION: USE OF LESS THAN DEADLY FORCE TO PREVENT SUICIDE OR THE COMMISSION OF CRIME

1. In this case, evidence was introduced that the defendant used force against [name of person attempting suicide or crime] to prevent [him] [her] from [committing suicide] [inflicting serious bodily injury upon [himself] [herself]] [committing a crime involving or threatening bodily injury] [committing a crime involving or threatening damage to or loss of property] [committing a crime involving or threatening a breach of the peace]. Special rules apply in determining whether the defendant’s use of force in these circumstances was justified.

2. The Commonwealth has the burden of disproving the defense of justification. That means you cannot find the defendant guilty unless the evidence convinces you beyond a reasonable doubt that the defendant did not reasonably believe that the force [he] [she] used was immediately necessary to prevent [name of person attempting suicide or crime] from [committing suicide] [inflicting serious bodily injury upon [himself] [herself]] [committing a crime involving or threatening bodily injury] [committing a crime involving or threatening damage to or loss of property] [committing a crime involving or threatening a breach of the peace].

By | 2016-04-06T14:54:53+00:00 April 6th, 2016|Comments Off on PA 9.508D JUSTIFICATION: USE OF LESS THAN DEADLY FORCE TO PREVENT SUICIDE OR THE COMMISSION OF CRIME