MD MPJI‑Cr 4:17.2 Homicide — First Degree Premeditated MURDER, SECOND DEGREE SPECIFIC INTENT MURDER AND VOLUNTARY MANSLAUGHTER (PERFECT/IMPERFECT SELF‑DEFENSE AND PERFECT/IMPERFECT DEFENSE OF HABITATION)

Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
HOMICIDE–FIRST DEGREE PREMEDITATED MURDER, SECOND DEGREE SPECIFIC INTENT MURDER AND VOLUNTARY MANSLAUGHTER (PERFECT/IMPERFECT SELF-DEFENSE AND PERFECT/IMPERFECT DEFENSE OF HABITATION)
MPJI‑Cr 4:17.2

The defendant is charged with the crime of murder. This charge includes first degree murder, second degree murder, and voluntary manslaughter.

FIRST DEGREE MURDER

First degree murder is the intentional killing of another person with willfulness, deliberation, and premeditation. In order to convict the defendant of first degree murder, the State must prove:

(1) that the defendant caused the death of (name);

(2) that the killing was willful, deliberate, and premeditated;

(3) that the killing was not justified; and

(4) that there were no mitigating circumstances.

Willful means that the defendant actually intended to kill (name).

Deliberate means that the defendant was conscious of the intent to kill.

Premeditated means that the defendant thought about the killing and that there was enough time before the killing, though it may only have been brief, for the defendant to consider the decision whether or not to kill and enough time to weigh the reasons for and against the choice. The premeditated intent to kill must be formed before the killing.

SECOND DEGREE MURDER

Second degree murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant of second degree murder, the State must prove:

(1) that the defendant caused the death of (name);

(2) that the defendant engaged in the deadly conduct either with the intent to kill or with the intent to inflict such serious bodily harm that death would be the likely result;

(3) that the killing was not justified; and

(4) that there were no mitigating circumstances.

VOLUNTARY MANSLAUGHTER PERFECT/IMPERFECT SELF-DEFENSE

Voluntary manslaughter is an intentional killing, which is not murder because the defendant acted in partial self-defense. Partial self-defense, sometimes called imperfect self-defense, does not result in a verdict of not guilty, but rather reduces the level of guilt from murder to manslaughter. You should only consider voluntary manslaughter if you find that the defendant had the intent to kill.

You have heard evidence that the defendant killed (name) in self-defense. You must decide whether this is a complete defense, a partial defense, or no defense.

In order to convict the defendant of murder, the State must prove that the defendant did not act in complete self-defense or partial self-defense. If the defendant did act in complete self-defense, the verdict must be not guilty. If the defendant did not act in complete self-defense, but did act in partial self-defense and had the intent to kill, the verdict should be guilty of voluntary manslaughter and not guilty of murder.

Complete self-defense, sometimes called perfect self-defense, is a total defense, and you are required to find the defendant not guilty, if all of the following four factors are present:

(1) the defendant was not the aggressor [[or, although the defendant was the initial aggressor, [he] [she] did not raise the fight to the deadly force level]];

(2) the defendant actually believed that [he] [she] was in immediate or imminent danger of death or serious bodily harm;

(3) the defendant’s belief was reasonable; and

(4) the defendant used no more force than was reasonably necessary to defend [himself] [herself] in light of the threatened or actual force. [[This limit on the defendant’s use of deadly force requires the defendant to make a reasonable effort to retreat. The defendant does not have to retreat if [the defendant was in his or her home] [retreat was unsafe] [the avenue of retreat was unknown to the defendant] [the defendant was being robbed] [the defendant was lawfully arresting the victim]].

You must find the defendant not guilty unless the State has persuaded you, beyond a reasonable doubt, that at least one of the four factors of complete self-defense was absent.

Even if you find that the defendant did not act in complete self-defense, [he][she] may still have acted in partial self-defense. For partial self-defense to apply, you still must find that the defendant actually believed [he][she] was in immediate or imminent danger of death or serious bodily harm and the defendant [was not the initial aggressor] [was the initial aggressor but did not raise the degree of force used to the deadly level].

[If the defendant actually believed that [he] [she] was in immediate or imminent danger of death or serious bodily harm, even though a reasonable person would not have so believed, that is partial self-defense and your verdict should be guilty of manslaughter and not guilty of murder.]

[If the defendant used greater force to defend [himself][herself] in light of the threatened or actual force than a reasonable person would have used, but the defendant actually believed the force used was necessary, and the defendant made a reasonable effort to retreat, that is partial self-defense and your verdict should be guilty of manslaughter and not guilty of murder.]

[[The defendant does not have to retreat if [[he][she] was in [his][her] home] [retreat was unsafe] [the avenue of retreat was unknown to the defendant] [the defendant actually believed that [he][she] could not safely retreat, even though a reasonable person would not have so believed] [the defendant was being robbed] [the defendant was lawfully arresting the victim]].

In order to convict the defendant of murder, the State must prove, beyond a reasonable doubt, that the defendant did not act in complete self-defense or partial self-defense. If the defendant acted in complete self-defense, your verdict must be not guilty. If the defendant did not act in complete self-defense but acted in partial self-defense, your verdict should be guilty of manslaughter and not guilty of murder.

IMPERFECT SELF-DEFENSE ONLY

Voluntary manslaughter is an intentional killing, which is not murder because the defendant acted in partial self-defense. Partial self-defense does not result in a verdict of not guilty, but rather reduces the level of guilt from murder to manslaughter. You should only consider voluntary manslaughter if you find that the defendant had the intent to kill.

You have heard evidence that the defendant killed (name) in partial self-defense.

You must decide whether, based on this evidence, the defendant acted in partial self-defense.

For partial self-defense to apply, you must find that the defendant [was not the initial aggressor] [was the initial aggressor but did not raise the degree of force used in the fight to the deadly level].

You also must find that the defendant actually believed [he][she] was in immediate or imminent danger of death or serious bodily harm.

[If the defendant actually believed [he][she] was in immediate or imminent danger of death or serious bodily harm, even though a reasonable person would not have so believed, that is partial self-defense and the verdict should be guilty of voluntary manslaughter instead of murder.]

[If the defendant used greater force to defend [himself][herself] in light of the threatened or actual force than a reasonable person would have used, but the defendant actually believed that the force used was necessary, and the defendant made a reasonable effort to retreat, that is partial self-defense and your verdict should be guilty of manslaughter and not guilty of murder.]

[[The defendant does not have to retreat if [[he][she] was in [his][her] home] [retreat was unsafe] [the avenue of retreat was unknown to the defendant] [the defendant actually believed the [he][she] could not safely retreat, even though a reasonable person would not have so believed] [the defendant was being robbed] [the defendant was lawfully arresting the victim]].

In order to convict the defendant of murder, the State must prove that the defendant did not act in partial self-defense. If the defendant acted in partial self-defense and had the intent to kill, your verdict should be guilty of manslaughter and not guilty of murder.

VOLUNTARY MANSLAUGHTER (PERFECT/IMPERFECT DEFENSE OF HABITATION)

Voluntary manslaughter is an intentional killing that is not murder because the defendant acted in partial defense of [his] [her] home. You should only consider voluntary manslaughter if you find that the defendant had the intent to kill.

You have heard evidence that the defendant killed (name) in defense of [his] [her] home. You must decide whether this is a complete defense, a partial defense, or no defense in this case.

In order to convict the defendant of murder, the State must prove that the defendant did not act in either complete defense of [his] [her] home or partial defense of [his] [her] home. If the defendant acted in complete defense of [his] [her] home, your verdict must be not guilty. If the defendant did not act in complete defense of [his] [her] home, but did act in partial defense of [his] [her] home, the verdict should be guilty of voluntary manslaughter and not guilty of murder.

Defense of one’s home is a complete defense, and you are required to find the defendant not guilty, if all of the following five factors are present:

1. (name) entered [or attempted to enter] the defendant’s home;

2. the defendant actually believed that (name) intended to commit a crime that would involve an imminent threat of death or serious bodily harm;

3. the defendant reasonably believed that (name) intended to commit such a crime;

4. the defendant believed that the force that [he] [she] used against (name) was necessary to prevent imminent death or serious bodily harm; and

5. the defendant reasonably believed that such force was necessary.

If you find that the defendant actually believed that (name) posed an imminent threat of death or serious bodily harm, and that such belief was reasonable, you must find the defendant not guilty. If you find that the defendant had the intent to kill and actually believed that (name) posed an imminent threat of death or serious bodily harm, but that such belief was unreasonable, you should find the defendant not guilty of murder, but guilty of manslaughter. If you find that the State has persuaded you, beyond a reasonable doubt, that the defendant did not have an actual belief that (name) posed an imminent threat of death or serious bodily harm, you should find the defendant guilty of murder.

Notes on Use

Use this instruction if the defendant is charged with first degree premeditated murder under MD. CODE ANN., CRIMINAL LAW I § 2-201 (2021) (hereinafter CRIM. LAW I or II § ), second degree specific intent murder under CRIM. LAW I § 2-204, and/or voluntary manslaughter under CRIM. LAW I § 2-207, but only if there is an issue of justification generated by evidence of a perfect self-defense or perfect defense of habitation or an issue of mitigation generated by evidence of an imperfect self-defense or imperfect defense of habitation. If a justification or mitigation is generated by the evidence in addition to complete or partial self-defense or complete or partial defense of habitation, and the defendant requests an instruction, add that justification or mitigation instruction as well.

The court should consider using a special verdict sheet that instructs the jury that it may consider voluntary manslaughter if it finds a specific intent to kill and may not consider voluntary manslaughter if it finds only the intent to commit serious bodily harm. See Selby v. State, 361 Md. 319 (2000). Use the C1 instruction if evidence of self-defense is presented and the jury is asked to assess both the imperfect and perfect defenses. Use the bracketed language in part (1) of C1 if there was evidence that the defendant was the aggressor at the nondeadly force level but the nonaggressor at the deadly force level. If there was a possible duty on the part of the defendant to retreat, give the bracketed instruction in (4).

Use the C2 instruction if the evidence on self-defense is presented, but the jury is only asked to evaluate the imperfect defense.

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