Arkansas Model Jury Instructions – Criminal
CHAPTER 7 JUSTIFICATION

AMCI 2d 704 JUSTIFICATION—USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON

(Defendant(s)) assert(s) as a defense to the charge of (offense(s)) that [he was] [they were] defending [himself] [themselves] [or] [ (another person)] [another person]. This is a defense only if:

First: (Defendant(s)) reasonably believed that (victim) was using or about to use unlawful physical force upon [him] [them] [ (another person)] [another person]; and

Second: (Defendant(s)) only used such force which [he] [they] reasonably believed to be necessary. [ (Defendant(s)) would not have been justified in using physical force upon another if:

(a) (with the purpose to cause physical injury or death to (victim), defendant(s) provoked the use of unlawful physical force); (or)

(b) ([he was] [they were] the initial aggressor(s). [However, if you find that (defendant(s)) withdrew from the encounter and effectively communicated to the other person (his) (their) intent to withdraw, then the defendant(s) (was) (were) no longer the initial aggressor(s) when the other person continued or threatened to continue the use of unlawful physical force]); (or)

(c) (the physical force involved was the product of combat by agreement which was not authorized by law.)]

(Defendant(s)), in asserting this defense, [is] [are] required only to raise a reasonable doubt in your minds. Consequently, if you believe that this defense has been shown to exist, of if the evidence leaves you with a reasonable doubt as to [his] [their] guilt of (offense(s)), then you must find [him] [them] not guilty.

[However, if you find that (defendant) ((recklessly (or) (negligently) formed the belief that (he) (she) was justified in acting in (self defense) (defense of a third party)) (or) ((recklessly) (or) (negligently) employed an excessive degree of physical force), justification is not a defense to (charge or lesser charge with recklessness or negligence as a culpable mental state)]

Definitions
“Physical force”—means any bodily impact, restraint, or confinement, or the threat thereof.

“Reasonably believes” or “reasonable belief”—means the belief that an ordinary, prudent man would form under the circumstances in question and one not recklessly or negligently formed.

“Recklessly.”—A person acts recklessly with respect to the results of his conduct when he consciously disregards a substantial and unjustifiable risk that the results will occur. The risk must be of a nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the same situation.

The term “negligently” as used in this criminal case means more than it does in civil cases. To prove negligence in a criminal case the State must show beyond a reasonable doubt that (defendant) should have been aware of a substantial and unjustifiable risk that the death would occur. The risk must have been of such a nature and degree that his failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involved a gross deviation from the standard of care that a reasonable person would have observed in his situation.

“Unlawful physical force”—means physical force that is employed without the consent of the person against whom it is directed and the employment of which constitutes a criminal offense or tort or would constitute such an offense or tort except for a defense other than the defense of justification or privilege.

 

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