Arizona Jury Instructions – Criminal
STATUTORY CRIMINAL INSTRUCTIONS — TITLE 13
CHAPTER 4

4.03 — Justification: Use of Physical Force

A defendant is justified in using physical force as follows:

[A parent/guardian/teacher/person entrusted with the care or supervision of a minor or incompetent person may use reasonable and appropriate physical force upon such minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.]

[A superintendent/entrusted official of a jail/prison/correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.]

[A person responsible for the maintenance of order in a place where others are assembled/on a common carrier of passengers may use physical force if and to the extent that a reasonable person in a similar situation would believe it necessary to maintain order. Such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury. This defense is also available to a person acting under the direction of the responsible person. A defendant may use deadly physical force only to protect against another’s use or apparent, attempted or threatened use of deadly physical force. You must measure the defendant’s belief against what a reasonable person in the situation would have believed.]

[A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself/herself may use physical force upon such other person to the extent reasonably necessary to thwart the result.]

[A duly licensed physician/registered nurse/person acting under the direction of a duly licensed physician/person acting under the direction of a registered nurse/person who renders emergency care at the scene of an emergency occurrence may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the patient only if the following condition exists/conditions exist:

1. The treatment is administered with the consent of the patient/if the patient is a minor or an incompetent person, with the consent of the parent, guardian or other person entrusted with the care and supervision of the minor or incompetent person; or

2. The treatment is administered in an emergency when a reasonable person in a similar situation administering such treatment believes that no one competent to consent can be consulted and that a reasonable person in a similar situation as a patient, wishing to safeguard his/her welfare, would consent.]

The use or threat of [physical force] [deadly physical force] is justified only while the apparent danger continues, and it ends when the apparent danger ends. The force used may not be greater than reasonably necessary to defend against the apparent danger.

The use of [physical force] [deadly physical force] is justified if a reasonable person in the situation would have reasonably believed that immediate physical danger appeared to be present. Actual danger is not necessary to justify the use of physical force or deadly physical force.

The State has the burden of proving beyond a reasonable doubt that the defendant did not act with such justification. If the State fails to carry this burden, then you must find the defendant not guilty of the charge. [The user is directed to the Prefatory Use Note regarding the applicability of this paragraph.]

USE NOTE: Use the language in brackets and slashes as appropriate to the facts.

“Physical Force” and “Deadly Physical Force” are defined in A.R.S. § 13-105 (Statutory Definition Instructions 1.0528 and 1.059).

In regard to the bracketed portion pertaining to jail/prison officials, the following instruction should be given if the facts are appropriate: “Actual danger is not necessary to justify the use of [physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor] [deadly physical force to prevent death or serious physical injury]. Mere words may be sufficient to justify the use of physical force.” See State v. Bojorquez, 138 Ariz. 495, 498-99 (1984) (holding that these instructions could be appropriate if the facts warranted them).

 

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