Arkansas Model Jury Instructions – Criminal
CHAPTER 7 JUSTIFICATION

AMCI 2d 705 JUSTIFICATION—USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF A PERSON

(Defendant(s)) assert(s) as a defense to the charge of (offense(s)) that deadly physical force was necessary to defend [himself] [themselves] [or] [ (another person)]. This is a defense only if:

First: [one or more options may be inserted] [ (Defendant(s)) reasonably believed that (victim) was committing or was about to commit (felony), with force or violence;]

[ (Defendant(s)) reasonably believed that (victim) was using or was about to use unlawful deadly physical force;]

[ Defendant reasonably believed that (her life was in imminent danger from) (or) ( (victim) was imminently about to victimize her in) the continuation of a pattern of domestic abuse;]

And second: [ (Defendant(s)) only used such force as [he] [they] reasonably believed to be necessary.]

[A person is not justified in using deadly physical force if he knows that the use of deadly physical force can be avoided.

(a) (by retreating.) (However, he is not required to retreat if he is [unable to retreat with complete safety] [(in his dwelling) (on the curtilage surrounding his dwelling) and was not the original aggressor] [a law enforcement officer acting in the line of duty] [assisting at the direction of a law enforcement officer].)

(b) (with complete safety by surrendering possession of property to a person who claims a lawful right to it.)]

(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, or 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

“Curtilage”—means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling.

“Deadly physical force”—means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

“Domestic abuse”—means:

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

(B) Any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state;

[See AMCI 2d 2610 for additional definitions which may be needed with this definition of domestic abuse.]

“Dwelling”—means an enclosed space that is used or intended to be used on a temporary or permanent basis as a human habitation, home, or residence.

“Law enforcement officer”—means any public servant vested by law with a duty to maintain public order or to make arrests for offenses.

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.

“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.

“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.

 

[230619]