Indiana Judges Association (IJA) (2017)
CHAPTER 10 DEFENSES RELATING TO CULPABILITY
Instruction No. 10.1000. Use of Deadly Force Against a Public Servant.
It is an issue whether the Defendant lawfully used deadly force against a public servant.
A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless
(1) the person reasonably believes that the public servant is (acting unlawfully) (not engaged in the execution of the public servant’s official duties)
(2) the deadly force is reasonably necessary to prevent serious bodily injury to the person or a third person.
The State has the burden of proving beyond a reasonable doubt that the Defendant did not lawfully use deadly force against a public servant.