MS MMJI-Cr 511 No Duty to Retreat

Mississippi Model Jury Instructions- Criminal
CHAPTER 5 DEFENSES

511 Self-Defense – No Duty to Retreat

While the danger that justifies one person taking another person’s life must be immediate, pending, and present, such danger does not need to be unavoidable except by killing in self-defense. The defendant is not required to flee from the danger to [his/her] body or life.

If the defendant was in a place where [he/she] had a right to be and the defendant was not the initial aggressor or provoker, then the defendant has no duty to flee or retreat and does not lose [his/her] right to self-defense.

 

[230621]