Georgia Suggested Pattern Jury Instructions, Criminal Cases
AFFIRMATIVE DEFENSES

§ 3.10.10 Justification and the Use of Force in Defense of Self or Others

Sometimes a defendant’s threat or use of force is legally justified and so is not a crime.

(Give the following types of force that apply)

(When Non-Deadly Force is Used):

A defendant is justified in threatening or using force against another when

1. he/she reasonably believes that the threat or use of force is necessary

2. to defend himself/herself/a third person

3. against the other person’s imminent use of unlawful force.

(When Deadly Force is Used):

A defendant is justified in using force that is intended or likely to cause death or serious bodily injury when

1. he/she reasonably believes that the use of such force is necessary

2. to prevent

a) death or serious bodily injury to himself/herself /a third person, or

b) the commission of a forcible felony, which means a felony that involves the use or threat of force or violence against another. _____________ is a felony which I will define for you shortly.

The State has the burden of proving beyond a reasonable doubt that the Defendant’s actions were not justified. If you decide the Defendant’s actions were justified, then it would be your duty to find the Defendant not guilty.

(Give all of the following that apply)

A defendant is not justified in threatening or using force if he/she

– provokes the threat or use of force against himself/herself, intending to use that threat or force as an excuse to harm the other person;

– is (attempting to commit) (committing) (fleeing after attempting to commit) (fleeing after committing) a felony; __________ is a felony which I will define for you shortly;

– is the initial aggressor, unless he/she withdraws from the encounter and clearly communicates to the other person his/her intent to withdraw and the other person continues or threatens to continue the use of unlawful force; or

– is engaged in combat by agreement, unless he/she withdraws from the fight and clearly communicates to the other person his/her intent to withdraw from the fight and the other person continues or threatens to continue the fight.

 

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