MI 7.16 Duty to Retreat to Avoid Using Deadly Force

M Crim JI 7.16

Michigan Model Criminal Jury InstructionsChapter 7 Defenses

M Crim JI 7.16 Duty to Retreat to Avoid Using Deadly Force

(1) A person can use deadly force in self-defense only where it is necessary to do so. If the defendant could have safely retreated but did not do so, you may consider that fact in deciding whether the defendant honestly and reasonably believed [he/she] needed to use deadly force in self-defense.

(2) However, a person is never required to retreat if attacked in [his / her] own home, nor if the person reasonably believes that an attacker is about to use a deadly weapon, nor if the person is subject to a sudden, fierce, and violent attack.

(3) Further, a person is not required to retreat if the person:

(a) has not or is not engaged in the commission of a crime at the time the deadly force is used, and

(b) has a legal right to be where the person is at that time, and

(c) has an honest and reasonable belief that the use of deadly force is necessary to prevent imminent [death / great bodily harm / sexual assault] of the person or another.

M Crim JI 7.16