Criminal Jury Instructions for the District of Columbia
VI. Defenses
Scope
E. Self-Defense, Defense of Others, Defense of Property, Claim of Right

Instruction 9.500 SELF-DEFENSE—GENERAL CONSIDERATIONS

Every person has the right to use a reasonable amount of force in self-defense if (1) s/he actually believes s/he is in imminent danger of [death or serious] bodily harm and if (2) s/he has reasonable grounds for that belief. The question is not whether looking back on the incident you believe that the use of force was necessary. The question is whether [name of defendant], under the circumstances as they appeared to him/her at the time of the incident, actually believed s/he was in imminent danger of [death or serious] bodily harm and could reasonably hold that belief.

[Insert other relevant self-defense instructions.]

[If you find that [name of defendant] actually and reasonably believed that s/he was in imminent danger of [death or serious] bodily harm and that [name of defendant] had reasonable grounds for that belief, then [name of defendant] has a right to self-defense even if [name of defendant] also had other possible motives, such as feelings of anger toward the [complainant] [decedent] or a desire for revenge. A defendant’s other possible motives do not defeat an otherwise valid claim of self-defense but can be considered in evaluating whether the [name of defendant] actually and reasonably believed that s/he was in imminent danger of [death or serious] bodily harm.]

Self-defense is a defense to the charges of [insert all charges to which self-defense applies]. [Name of defendant] is not required to prove that s/he acted in self-defense. Where evidence of self-defense is present, the government must prove beyond a reasonable doubt that [name of defendant] did not act in self-defense. If the government has failed to do so, you must find [name of defendant] not guilty.

 

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