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 DEFENSE OF OTHERS)
MPJI-Cr 4:17.3

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

A

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; and

(3) that the killing was not in defense of another.

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.

B

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; and

(3) that the killing was not in defense of another.

C

VOLUNTARY MANSLAUGHTER (PERFECT/IMPERFECT DEFENSE OF OTHERS)

Voluntary manslaughter is an intentional killing which is not murder because the defendant acted in partial defense of another person. Partial defense of another person 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 defense of another person. 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 another person or partial defense of another person. If the defendant did act in complete defense of another person, the verdict must be not guilty. If the defendant had the intent to kill and did not act in complete defense of another person, but did act in partial defense of another person, the verdict should be guilty of voluntary manslaughter and not guilty of murder.

Defense of another person is a complete defense, and you are required to find the defendant not guilty, if all of the following four factors are present:

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

(2) the defendant’s belief was reasonable;

(3) the defendant used no more force than was reasonably necessary in light of the threatened or actual force; and

(4) the defendant’s purpose in using force was to aid the person [he] [she] was defending.

In order to convict the defendant of murder, the State must prove that defense of another person does not apply in this case. This means that you are required to 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 defense of another person was absent.

Even if you find that the defendant did not act in complete defense of another person, the defendant may still have acted in partial defense of another person. [If the defendant actually believed that the person defended was in immediate or imminent danger of death or serious bodily harm, even though a reasonable person would not have so believed, the defendant’s actual, though unreasonable, belief is a partial defense of another person and results in a verdict of voluntary manslaughter rather than murder.] [If the defendant used greater force than a reasonable person would have used, but the defendant actually believed that the force used was necessary, the defendant’s actual, though unreasonable, belief is a partial defense of another person and the verdict should be guilty of voluntary manslaughter rather than murder.]

In order to convict the defendant of murder, the State must prove that the defendant did not act in complete or partial defense of another person. If the defendant did act in complete defense of another person, the verdict must be not guilty. If the defendant did not act in complete defense of another person, but did act in partial defense of that person, the verdict should be guilty of voluntary manslaughter and not 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 defense of others and an issue of mitigation generated by evidence of an imperfect defense of others.

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).

 

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