Kentucky Instructions to Juries – Criminal
CHAPTER 11 DEFENSES
Part 2. Justification

§ 11.07 Self-Protection (Or Other Justification); Imperfect Self-Protection; Homicide (Complete Instructions)

[KRS 503.050]

INSTRUCTION No. 1
PRESUMPTION OF INNOCENCE

A. The law presumes a defendant to be innocent of a crime and the Indictment shall not be considered as evidence or as having any weight against him. You shall find the Defendant not guilty unless you are satisfied from the evidence alone and beyond a reasonable doubt that he is guilty. If upon the whole case you have a reasonable doubt that he is guilty, you shall find him not guilty.
B. If you believe from the evidence beyond a reasonable doubt that the Defendant would be guilty of intentional Murder under Instruction No. 5 except that you have a reasonable doubt as to whether at the time he killed (victim), he was or was not acting under the influence of extreme emotional disturbance, you shall not find the Defendant guilty of Murder under Instruction No. 5, but shall find him guilty of First-Degree Manslaughter under Instruction No. 6.

INSTRUCTION No. 2
RIGHT TO REMAIN SILENT

A defendant is not compelled to testify and the fact that the Defendant did not testify in this case cannot be used as an inference of guilt and should not prejudice him in any way.

INSTRUCTION No. 3
DEFINITIONS

Intentionally-(see § 3.01).

Wantonly-(see § 3.08).

Recklessly-(see § 3.04).

Extreme Emotional Disturbance-(see § 3.07).

Serious Physical Injury-(see § 3.09).

Physical Force-(see § 6.01).

Deadly Physical Force-(see § 11.02).

INSTRUCTION No. 4
SELF-PROTECTION (OR OTHER JUSTIFICATION)

[A.] If at the time an individual, including the Defendant, uses physical force upon another person he believes that person was then and there about to use physical force upon him, he is privileged to use such physical force against that person as he believes to be necessary in order to protect himself against it, including the right to use deadly physical force but only if:

[1.] He believed deadly physical force to be necessary to protect himself from death or serious physical injury [or kidnapping] [or sexual intercourse compelled by force or threat] [ID felony involving the use of force] at the hands of (victim).
OR

[2.][The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling; unless you believe beyond a reasonable doubt that the defendant was engaged in an unlawful activity or was using the dwelling, to further an unlawful activity.]

[B.][A person who is not engaged in an unlawful activity and who is attacked in a place where he has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.]

INSTRUCTION No. 5
MURDER

You will find the Defendant guilty of Murder under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following:

A. That in this county on or about (date) and before the finding of the Indictment herein, he killed (victim) by (method);
AND

B. That in so doing:

(1) He caused the death of (victim) intentionally and not while acting under the influence of extreme emotional disturbance;
OR

(2) He was wantonly engaging in conduct which created a grave risk of death to another and thereby caused the death of (victim) under circumstances manifesting an extreme indifference to human life.
AND

C. That he was not privileged to act in self-protection.

INSTRUCTION No. 6
FIRST-DEGREE MANSLAUGHTER

If you do not find the Defendant guilty of Murder under Instruction No. 5, you will find the Defendant guilty of First-Degree Manslaughter under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following:

A. That in this county on or about (date) and before the finding of the Indictment herein, he killed (victim) by (method);
AND

B. That in so doing:

(1) He intended to cause the death of (victim);
OR

(2) He did not intend to kill (victim), but intended to cause serious physical injury to (victim);
AND

C. That he was not privileged to act in self-protection.

INSTRUCTION No. 7
SECOND-DEGREE MANSLAUGHTER

If you do not find the Defendant guilty under either Instruction No. 5 or Instruction No. 6, you will find the Defendant guilty of Second-Degree Manslaughter under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following:

A. That in this county on or about (date) and before the finding of the Indictment herein, he killed (victim) by (method);
AND

B. That in so doing, he was acting wantonly or as described in paragraph C.(2) of this instruction.
AND

C. That in so doing:

(1) He was not privileged to act in self-protection.
OR

(2) Though otherwise privileged to act in self-protection, the Defendant was mistaken in his belief that it was necessary to use physical force against (victim) in self-protection, or in his belief in the degree of force necessary to protect himself and that when he killed (victim), he was aware of and consciously disregarded a substantial and unjustifiable risk that he was mistaken in that belief, and that his disregard of that risk constituted a gross deviation from the standard of care that a reasonable person would have observed in the same situation.

INSTRUCTION No. 8
RECKLESS HOMICIDE

If you do not find the Defendant guilty under Instruction No. 5 or Instruction No. 6 or Instruction No. 7, you will find the Defendant guilty of Reckless Homicide under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following:

A. That in this county on or about (date) and before the finding of the Indictment herein, he killed (victim) by (method);
AND

B. That in so doing, he was acting recklessly or as described in paragraph C.(2) of this instruction.
AND

C. That in so doing:

(1) He was not privileged to act in self-protection.
OR

(2) Though otherwise privileged to act in self-protection the Defendant was mistaken in his belief that it was necessary to use physical force against (victim) in self-protection, or in his belief in the degree of force necessary to protect himself and that when he killed (victim), he failed to perceive a substantial and unjustifiable risk that he was mistaken in that belief, and that his failure to perceive that risk constituted a gross deviation from the standard of care that a reasonable person would have observed in the same situation.

INSTRUCTION No. 9
VERDICT

The verdict of the jury must be in writing, must be unanimous and must be signed by one of you as foreman.

This ____________ day of ____________________________________

JUDGE

FORM VERDICTS
No. 1

We, the jury, find the Defendant not guilty.

________________________

FOREPERSON

No. 2

We, the jury, find the Defendant guilty of ____________ under Instruction No. ____________.

FOREPERSON

 

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