Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.1 Justification – Definition – Reasonable Force – Burden of Proof.

The defendant claims [he][she] was justified in using reasonable force to prevent [injury to a person, including the defendant] [the loss of defendant’s property, another’s property or public property] [the commission of a forcible felony].

The defendant was justified in using reasonable force if [he][she] reasonably believed that such force was necessary to [defend (himself/herself) or another from any actual or imminent use of unlawful force] [prevent or terminate criminal interference with (his/her) possession or other right in property] [to aid another in the lawful defense of the other person’s rights in property or in any public property][prevent or terminate the commission of (name forcible felony) that (he/she) reasonably believed was being or would be imminently perpetrated by (name of victim)].*

Reasonable force is only the amount of force a reasonable person would find necessary to use under the circumstances to prevent [death] [injury] [loss of property] [completion of (name of forcible felony)]. If in the defendant’s mind the [danger] [danger of loss of property] [need to use force to prevent (name of forcible felony)] was actual, real, imminent, or unavoidable, even if the defendant was wrong in estimating it or the force necessary to repel it, the force was justified if the defendant had a reasonable basis for [his][her] belief and responded reasonably to that belief.*

It is not necessary that there was actual danger, but the defendant must have acted in an honest and sincere belief that the danger actually existed. Apparent danger with the defendant’s knowledge that no real danger existed is no excuse for using force.

Reasonable force can include deadly force if it is reasonable to believe that such force is necessary to resist a like force or threat, prevent or terminate the commission of (name of forcible felony), or avoid injury or risk to one’s life or safety or the life or safety of another.**

The State must prove beyond a reasonable doubt that the defendant’s use of force was not justified.

Authority

Iowa Code sections 704.1(1), 704.1(2) 704.3, 704.4, 704.5, 704.7

State v. Fordyce, 940 N.W.2d 419, 425 (Iowa 2020)

Comment

Note: Use that language which is supported by the evidence.

Note: *If forcible felony alternative is used, include the marshaling instruction for the applicable felony, reference back to this instruction, and also include:

It is not necessary that (name of victim) was charged with, or convicted of, (name of forcible felony). It is only necessary that the defendant reasonably believed that (name of victim) was committing it or was imminently going to commit it.

Note: **Use this paragraph only if deadly force was used. Iowa Criminal Jury Instructions J.I. Crim._

Note: For cases that occurred prior to July 1, 2017 only, add the following language:

Reasonable force, [including deadly force,] may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one’s dwelling or place of business or employment.

Note: For the defense of property alternative, the additional language that “Defendant may not use a spring gun or trap which is left unattended and unsupervised and which is placed for the purpose of preventing or terminating criminal interference with the possession or other right to property.” should be given if the evidence warrants inclusion.

Updated 6/2020

 

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