MI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or exual Assault

M Crim JI 7.16a

Michigan Model Criminal Jury InstructionsChapter 7 Defenses

M Crim JI 7.16a Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm, or Sexual Assault

(1) If you find both that —

(a) the deceased was breaking and entering a dwelling or business, or committing home invasion, or had broke and entered or committed home invasion and was still present in the dwelling or business, or is unlawfully attempting to remove a person from a dwelling, business, or vehicle against the person’s will,

and

(b) the defendant honestly and reasonably believed the deceased was engaged in any of the conduct just described

— you must presume that the defendant had an honest and reasonable belief that imminent [death / great bodily harm / sexual assault] would occur.

(1) This presumption does not apply if–

[Use the appropriate paragraph below based on the claims of the parties and the evidence admitted.]

(a) the deceased has the legal right to be in the dwelling, business, or vehicle and there is not a “no contact” [court order / pretrial supervision order/probation order/parole order] against the deceased, or

(b) the individual being removed is a child or grandchild or otherwise in the lawful custody of the deceased victim, or

(c) the defendant was engaged in the commission of a crime or using the dwelling, business premises, or vehicle to further the commission of a crime, or

(d) the deceased was a peace officer who was entering or attempting to enter the premises or vehicle in the performance of his duties, or

(e) the deceased was the [spouse/former spouse/person with whom the defendant had or previously had a dating relationship/person with whom the defendant had a child in common / a resident or former resident of the defendant’s household], and the defendant had a prior history of domestic violence as the aggressor.

M Crim JI 7.16a