Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.7 Deadly Force – Duties.

After using deadly force, the defendant had the following duties:

1. To not intentionally destroy, alter, conceal, or disguise physical evidence relating to the defendant’s use of deadly force;

2. To not intentionally intimidate a witness into refusing to cooperate with an investigation of the defendant’s use of deadly force; and

3. To not intentionally induce another person to alter testimony about the defendant’s use of deadly force.

You may consider whether the defendant complied with these duties when deciding whether deadly force was justified.

Authority

Iowa Code section 704.2B

State v. Gibbs, ___ N.W.2d ___, No. 18-1298, 2020 WL 1897287 (Iowa Apr. 17, 2020).

Comment

Note: Iowa Criminal Jury Instructions J.I. Crim._

Note: Do not instruct that the defendant has a statutory duty to notify law enforcement after using deadly force as provided in Iowa Code section 704.2B. Doing so violates a defendant’s Fifth Amendment right against self-incrimination. State v. Gibbs, ___ N.W.2d ___, No. 18-1298, 2020 WL 1897287 (Iowa Apr. 17, 2020).

Note: Cases that occurred prior to July 1, 2017, should not use this instruction.

Updated 6/2020

 

[230615]