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

Instruction 9.504 SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR

A. AGGRESSION AND PROVOCATION

If you find that [name of defendant] [was the aggressor] [or] [provoked imminent danger of bodily harm upon himself/herself], s/he cannot rely upon the right of self-defense to justify his/her use of force.

[One who knowingly and unnecessarily places himself/herself in a position in conscious disregard of a substantial risk that his/her presence will provoke a violent confrontation cannot claim self-defense.]

Mere words without more by [name of defendant], however, do not constitute [aggression] [or] [provocation].

[A finding that the defendant knowingly and unnecessarily placed himself/herself in a position in conscious disregard of a substantial risk that his/her presence would provoke a violent confrontation does not negate the government’s burden to prove his/her specific intent to [describe specific intent required for charged offense(s)] beyond a reasonable doubt.]

[If you find, however, that, after the confrontation began, [name of defendant] became subject to an unreasonable amount of force in [repelling his/her aggression] [responding to his/her provocation] then [name of defendant] may use a reasonable amount of responsive force in self-defense.]

B. NONDEADLY FORCE WHERE DEFENDANT WITHDRAWS

If you find that [name of defendant] [was the aggressor] [or] [provoked imminent danger of bodily harm upon himself/herself], s/he cannot rely upon the right of self-defense to justify the use of force. However, if one who [is the aggressor] [or] [provokes a conflict] later withdraws from it in good faith, and communicates that withdrawal by words or actions, s/he may use reasonable force to save himself/herself from an imminent danger of bodily harm.

C. DEADLY FORCE WHERE DEFENDANT WITHDRAWS

If you find that [name of defendant] [was the aggressor] [or] [provoked imminent danger of bodily harm upon himself/herself], s/he cannot invoke the right of self-defense to justify his/her use of force. However, if one who [is the aggressor] [or] [provokes an imminent danger of bodily harm] later withdraws from it in good faith, and communicates that withdrawal by words or actions, s/he may use deadly force to save himself/herself from imminent danger of death or serious bodily harm.

 

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