Mississippi Model Jury Instructions- Criminal
CHAPTER 5 DEFENSES
507 Justifiable Homicide – “Castle Doctrine”
[Name of defendant]’s act of killing [name of victim] is justifiable if [name of defendant] killed [name of victim] while resisting [name of victim]’s attempt to unlawfully kill [name of defendant] or to commit a serious crime against [name of defendant] and while [name of defendant] was in [specify dwelling, occupied vehicle, business, place of employment, or the immediate area of a dwelling, occupied vehicle, business, or place of employment].
[Name of defendant] is presumed to have reasonably feared death, great bodily harm, or a serious crime being committed against [him/her] if [name of victim] [specify (1) was unlawfully and forcibly entering; (2) had unlawfully and forcibly entered; or (3) was removing or had unlawfully removed [name of defendant] from] [specify dwelling, occupied vehicle, business, place of employment, or the immediate area of a dwelling, occupied vehicle, business, or place of employment]. This presumption does not apply if [name of victim] had a right to be in the [specify dwelling, occupied vehicle, business, place of employment, or the immediate area of a dwelling, occupied vehicle, business, or place of employment] or if [name of defendant] was committing a criminal act.
If you find from the evidence in this case that [name of defendant]’s act of killing [name of victim] was committed while resisting [name of victim]’s attempt to unlawfully kill [name of defendant] or commit a felony against [name of defendant] and while [name of defendant] was in the [specify dwelling, occupied vehicle, business, place of employment or the immediate area of a dwelling, occupied vehicle, business, or place of employment], then you shall find [name of defendant] not guilty of [specify crime charged].
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