Montana Criminal Jury Instructions
CHAPTER 3: JUSTIFIABLE USE OF FORCE

3-105 Use of Force to Prevent Escape from Custody

A [peace officer] [person] who has an arrested person in his/her custody is justified in the use of such force as is necessary and reasonable to prevent the escape of the arrested person.

GIVEN: ______________________________

DISTRICT JUDGE

SOURCE: MCJI 3-105 (2022)

Plaintiff’s Proposed Instruction No._____ Defendant’s Proposed Instruction No._____

Given as Instruction No.______ Refused ______ Withdrawn______ By _______

[Use of Force to Prevent Escape from Custody, No. 3-105, 2022, Source and Comment]

SOURCE: MCA § 45-3-106(1) (2021)

COMMENT: MCA § 45-3-106(1) (2021) limits the amount of force which will be justified in preventing an escape to the amount of force that would be justified if the person having custody of the arrested person were making an arrest. Reference should be made to MCA, Title 46, Ch. 6, for relevant sections on “arrest” and a definition of “custody” should be provided.

 

Montana Criminal Jury Instructions (M.C.J.I.) 2009 (2017 Supp.)

Chapter 3. Justifiable Use of Force

MT 3-105. Use of Force to Prevent Escape from Custody

A [peace officer] [person] who has an arrested person in his/her custody is justified in the use of such force as is necessary and reasonable to prevent the escape of the arrested person.

 

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