NH CrJI 3.11 SELF-DEFENSE: DEADLY FORCE JUSTIFIED [1985]

A person has the right to use deadly force on another person to defend himself [or a third person] if:

R.S.A. 627:4, II – Justifiable Deadly Force

1. He actually believed that the other person was about to use unlawful, deadly force against him. In other words, the defendant could use deadly force if he actually believed that he was in danger of death or serious bodily injury.

2. Even if the defendant actually believed that such danger existed, his belief mut be reasonable. In other words, there must be reasonable grounds for the defendant to believe that the other person was about to use unlawful, deadly force against him. Self-defense does not require an actual danger to the defendant. Rather, the defendant must reasonably believe that the other person was about to use unlawful, deadly force.

3. The defendant must reasonably believe that the amount of force he used was necessary for self-defense. A person is not permitted to use excessive force in self-defense, only a reasonable amount of force. The defendant can use the amount of force which he believed was necessary under the circumstances as long as, at the time, there were reasonable grounds for his belief.

R.S.A. 627:4, II(b) – Deadly Force Against Burglar

1. He actually believed that the other person was committing or attempting to commit a burglary and that other person was likely to use unlawful force against anyone present. In other words, the defendant may use deadly force if he believed that the other person was committing a burglary and that the other person was likely to use any unlawful force, even non-deadly force, against anyone else present.

2. Even if the defendant actually believed that the other person was likely to use unlawful force during a burglary, the defendant’s belief must be reasonable. In other words, there must be reasonable grounds for the defendant to have believed at the time that the other person was likely to use unlawful force against anyone present and that the other person was committing or attempting to commit a burglary.

R.S.A. 627:4, II(c ) – Deadly Force on Kidnapper or Sex Offender

1. He actually believed that the other person was committing or was about to commit the crime of kidnapping [or a forcible sex crime].

2. Even if the defendant actually believed that the other person was committing or was about to commit the crime of kidnapping [or a forcible sex crime], the defendant’s belief must be reasonable. In other words, there must be reasonable grounds for the defendant to have believed at the time that the other person was committing or was about to commit the crime of kidnapping [or a forcible sex crime].

R.S.A. 627:4, II(d) – Deadly Force Against Felon in Dwelling

1. The defendant actually believed that the other person was likely to use unlawful force in committing a felony against the defendant in the defendant’s dwelling, in any buildings near the defendant’s dwelling or on the land surrounding the dwelling that is ordinarily used for domestic purposes.

2. The defendant had reasonable grounds for his belief. It is not necessary that the defendant reasonably believed that the other person would use deadly force, only that the defendant reasonably believed that the other person would use unlawful force, either deadly or non-deadly force, in committing a felony against the defendant. The word “felony” includes such crimes as first and second degree assault, burglary, robbery, rape, kidnapping, arson, murder, and theft. The word “dwelling” means a home, apartment, building or structure used for the overnight accommodation of people. It does not matter whether the defendant actually used the place for sleeping there. Dwelling also includes any vehicle or boat which could be used for overnight accommodations.

R.S.A. 627:7 – Deadly Force Against Trespasser—Arsonist

1. The defendant actually believed that the other person was a trespasser and that deadly force was necessary in order to prevent an attempt by the other person to commit arson.

2. Even if the defendant actually believed that it was necessary to use deadly force to prevent an attempt by a trespasser to commit arson, the defendant’s belief must be reasonable. In other words, there must be reasonable grounds for the defendant to have believed at the time that the other person was a trespasser and that it was necessary to use deadly force to prevent an attempt to commit arson.

3. To use such force the defendant must be in possession or control of the premises or be licensed or privileged to be on the premises.