Michigan Model Criminal Jury Instructions
CHAPTER 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 in the process of breaking and entering a business or dwelling, or committing home invasion, or had broken into a business or dwelling, or committed home invasion and was still present in the business or dwelling, or was 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
– it is presumed that the defendant had an honest and reasonable belief that imminent [death / great bodily harm / sexual assault] would occur. The prosecutor can overcome this presumption by proving beyond a reasonable doubt that the defendant did not have an honest and reasonable belief that [death / great bodily harm / sexual assault] was imminent.
(2) 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 had the legal right to be in the dwelling, business, or vehicle and there was not a “no contact” [court order / pretrial supervision order / probation order / parole order] against the deceased, or
(b) the individual being removed was 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 or her duties, or
(e) the deceased was [the spouse of the defendant / the former spouse of the defendant / a person with whom the defendant had or previously had a dating relationship / a 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
Michigan Model Criminal Jury InstructionsChapter 7 Defenses
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