Arkansas Model Jury Instructions – Criminal
CHAPTER 7 JUSTIFICATION

AMCI 2d 707 JUSTIFICATION—USE OF PHYSICAL FORCE IN DEFENSE OF PROPERTY

(Defendant) asserts as a defense to the charge of(offense) that (he) was defending property. This is a defense only if:

First: (Defendant) reasonably believed the use of physical force on (victim of the physical force) was necessary to (prevent) (or) (terminate) (victim’s) (commission) (or) (attempted commission) of (theft) (or) (criminal mischief) (or)((victim’s) subsequent flight therefrom); and

Second:Defendant did not use deadly physical force; and

Third: The extent of the force used would appear to be necessary to an ordinary, prudent person under the same or similar circumstances.

The defendant, in asserting this defense, is 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) guilt of(offense), then you must find(defendant) 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

A person commits “theft of property” if he knowingly takes or exercises unauthorized control over the property of another person with the purpose of depriving the owner thereof.

A person commits “criminal mischief” if he [purposely destroys or causes damage to any property of another] [or] [recklessly destroys or damages any property of another] [or] [purposely tampers with any property of another and thereby causes substantial inconvenience to the owner or some other person].

“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.

“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.

 

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