Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FIVE DEFENSES
SELF-DEFENSE
MPJI-Cr 5:07

You have heard evidence that the defendant acted in self-defense. Self-defense is a complete defense and you are required to find the defendant not guilty if all of the following four factors are pre sent:

(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 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 harm.

[Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm. If you find that the defendant used deadlyforce, you must decide whether the use of deadlyforce was reasonable. Deadly force is reasonable if the defendant actually had a reasonable belief that the aggressor’s force posed an immediate or imminent threat of death or serious bodily harm.]

[[In addition, before using deadly-force, the defendant is required to make a reasonable effort to retreat. The defendant does not have to retreat if [the defendant was in [his] [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]]. [If you find that the defendant did not use deadly-force, then the defendant had no duty to retreat.]

In order to convict the defendant, the State must prove that self-defense 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 self-defense was absent.

NOTES ON USE

This instruction may be used if the defendant is charged with any assaultive crime and there is an issue of justification generated by evidence of self-defense. Use the first bracketed paragraph if there is evidence that the defendant used a deadly force response. Use the second bracketed paragraph if there is evidence that the defendant used a deadly-force response and there is an issue of a duty to retreat on the part of the defendant.

If the defendant is charged with murder and/or manslaughter, and if there is an issue of perfect and/or imperfect self-defense, use 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)), which includes the offenses, plus both perfect and imperfect self-defense instructions.

 

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