Montana Criminal Jury Instructions
CHAPTER 3: JUSTIFIABLE USE OF FORCE

3-109 Justifiable Use of Force as a Defense–Burden of Proof

If the Defendant has offered evidence of justifiable use of force, the State has the burden of proving beyond a reasonable doubt that the Defendant’s actions were not justified.

If you find that he/she has offered evidence of justifiable use of force, but that the State has failed to prove beyond a reasonable doubt that the Defendant’s actions were not justified, you must find the Defendant not guilty.

GIVEN: ______________________________

DISTRICT JUDGE

SOURCE: MCJI 3-109 (2022)

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

Given as Instruction No.______ Refused ______ Withdrawn______ By _______

[Justifiable Use of Force as a Defense–Burden of Proof, No. 3-109, 2022, Source and Comment]

SOURCE: MCA § 46-16-131 (2021)

COMMENT: Note that 45-3-115 and 46-15-322(2) still provide that justifiable use of force is an affirmative defense that requires notice by the defendant. The Commission eliminated the affirmative defense language that appears in 1999 edition of the MCJI because it is a legal term of art that has no meaning to a jury.

See State v. Daniels, 2011 MT 278, P 15, 362 Mont. 426, 265 P.3d 623, explaining that the defendant has the initial burden of presenting evidence to support the justifiable use of force instruction, and then the burden of proof is shifted to the State.

In State v. Akers, 2017 MT 311, the Court reversed a conviction under the plain error doctrine where an instruction on the burden of proof was not given.

 

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