Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FIVE DEFENSES
DEFENSE OF OTHERS
MPJI-Cr 5:01

You have heard evidence that the defendant acted in defense of [ name of person]. Defense of others is a 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 was defending was in immediate or imminent danger of 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 was defending.

In order to convict the defendant, the State must prove that the defense of others 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 defense of others was absent.

NOTES ON USE

Use this instruction if the defendant is charged with an assaultive crime other than murder and there is an issue of justification generated by evidence of defense of others. If the defendant is charged with murder, use MPJI-Cr 4:17.3 (Homicide–First Degree Premeditated Murder, Second Degree Specific Intent Murder and Voluntary Manslaughter (Imperfect Defense of Others)).

 

[230610]