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

4.10(2) — Justification for Using Deadly Physical Force in Law Enforcement by a Non-Peace Officer

A defendant who was not a peace officer was justified in using deadly physical force against another if:

1. The defendant was [making an arrest or detention] [assisting in making an arrest or detention] [preventing the escape after arrest or detention] [assisting in preventing the escape after arrest or detention] of another person; and

2. A reasonable person would have believed that the other person was actually resisting the discharge of a legal duty with [physical force] [the apparent capacity to use deadly physical force]; and

3. [The defendant made known to the other person the purpose of the arrest or detention] [The defendant believed that the other person knew the purpose of the arrest or detention] [The defendant could not have reasonably made known to the person to be arrested or detained, the purpose of the arrest or detention]; and

4. A reasonable person would have believed that the arrest or detention was lawful.

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

Actual danger is not necessary to justify the use of physical force or deadly physical force in law enforcement. The use of deadly physical force is justified if a reasonable person in the situation would have reasonably believed that immediate physical danger was present. You must measure the defendant’s belief against what a reasonable person in the situation would have believed.

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.]

 

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