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

Instruction 9.505 SELF-DEFENSE—PAST VIOLENCE BY COMPLAINANT OR DECEDENT

A. DEFENDANT WAS AWARE [Applicable in D.C. Superior Court and U.S. District Court]

1. Complainant’s or Decedent’s Specific Acts of Violence

You have heard evidence about past acts of violence by [name of complainant/decedent] and that [name of defendant] knew about those past acts. You may consider such evidence as bearing on the reasonableness of [name of defendant’s] fear for his/her own safety.

2. Complainant’s or Decedent’s Reputation

You have heard evidence that [name of complainant/decedent] had a general reputation for violence and that [name of defendant] knew about that reputation. You may consider such evidence as bearing on the reasonableness of [name of defendant’s] fear for his/her own safety.

B. DECEDENT’S CHARACTER FOR VIOLENCE REGARDLESS OF DEFENDANT’S AWARENESS [Applicable Only in Homicide Cases in D.C. Superior Court]

1. Decedent’s Specific Acts of Violence

You have heard evidence about past acts of violence by [name of decedent]. You may consider such evidence in evaluating the likelihood that [name of decedent] was the aggressor.

2 Decedent’s Reputation for Violence

You have heard evidence about [name of decedent’s] general reputation for violence. You may consider such evidence in evaluating the likelihood that [name of decedent] was the aggressor.

C. COMPLAINANT/DECEDENT’S CHARACTER FOR VIOLENCE REGARDLESS OF DEFENDANT’S AWARENESS [Applicable in U.S. District Court—Not Limited to Homicide Cases]

You have heard evidence about [name of complainant/decedent’s] character for violence. You may consider such evidence in evaluating the likelihood that [name of complainant/decedent] was the aggressor.

D. THREATS BY THE COMPLAINANT/DECEDENT AGAINST THE DEFENDANT [Applicable in D.C. Superior Court and U.S. District Court]

You have heard evidence that, prior to the alleged [insert offense charged], [name of complainant/decedent] made a threat or threats against [name of defendant]. [Even if you find that [name of defendant] was unaware of the prior threats at the time of the alleged [insert offense charged]], you may consider such evidence as bearing on the likelihood that [name of complainant/decedent] was the aggressor.

[You have also heard evidence that, at the time of the alleged [insert offense charged] [name of defendant] knew of the threat or threats against him/her. If you find that [name of defendant] knew of these prior threats by [name of complainant/decedent], then you may also consider them as bearing on the reasonableness of [name of defendant’s] fear for his/her own safety.]

E. EVIDENCE OF PEACEFUL CHARACTER OF COMPLAINANT/DECEDENT [Applicable in D.C. Superior Court and U.S. District Court]

You have heard evidence about the peaceful character of [name of complainant/decedent]. You may consider such evidence only as bearing on the likelihood that [name of complainant/decedent] threatened [name of defendant] with imminent bodily harm, that is, on the issue of who was the aggressor. [If you find that [name of defendant] knew of [name of complainant/decedent’s] peaceful character, you may also consider such evidence as bearing on the reasonableness of [name of defendant’s] fear for his/her own safety.]

 

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