Revised Arizona Jury Instruction (RAJI 4th)
AZ RAJI4th 4.17 − Necessity Defense
The defendant was justified in engaging in conduct that constituted the offense[s] of [ ] if:
- A reasonable person in the defendant’s situation would be compelled to engage in the conduct; and
- The defendant had no reasonable alternative to avoid imminent public or private injury greater than the injury the defendant reasonably believed might have resulted from the conduct constituting the offense[s]; and
- The defendant did not intentionally, knowingly or recklessly place [himself] [herself] in a situation in which it was probable that the defendant would have to engage in the conduct constituting the offense[s].
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.