DELAWARE PATTERN CRIMINAL JURY INSTRUCTIONS

DE 5.10.  JUSTIFICATION – CHOICE OF EVILS

The defendant has asserted the defense of justification by “choice of evils” against the charge of [charge].  In other words, the defendant claims that his conduct was justifiable.

This defense is available if all three of the following requirements are met:

the conduct was necessary as an emergency measure to avoid an imminent public or private injury; and

the injury about to occur was the result of a situation that developed through no fault of the defendant; and

the imminent injury was so grave that, according to ordinary standards of  intelligence and morality, the desirability and urgency of avoiding the injury clearly outweighed the desirability of avoiding the conduct that constituted the crime.

If, after considering all the evidence tending to support this defense, you find that the evidence raises a reasonable doubt in your mind about the defendant’s guilt, you must find the defendant not guilty of the crimes charged.  You must consider evidence of defense along with all the other evidence in determining whether the State has satisfied its burden of proving the defendant’s guilt beyond a reasonable doubt.