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

Chapter 3. Justifiable Use of Force

MT 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.