Pennsylvania Suggested Standard Criminal Jury Instructions
SUGGESTED STANDARD CRIMINAL JURY INSTRUCTIONS
PART TWO– INSTRUCTIONS UNDER THE CRIMES CODE*
CHAPTER IX– JUSTIFICATION

9.508B – JUSTIFICATION: USE OF DEADLY FORCE TO PREVENT ESCAPE OF ARRESTED PERSON IN CUSTODY

In this part, numbers after the decimal in the instruction number refer to corresponding sections of the Crimes Code

1. In this case, evidence was introduced that in preventing an arrestee from escaping, the defendant may have used what is called “deadly force,” which is defined as force that was readily capable of causing death or serious bodily injury under the circumstances.

2. Special rules apply in determining whether the defense of justification is available when deadly force was used to prevent an arrestee from escaping. A person in the defendant’s position need not desist from efforts to prevent the escape merely because the arrested person persists in his or her efforts to escape.

3. Furthermore, the Commonwealth has the burden of disproving the defense of justification. Thus, you cannot find the defendant guilty:

a. unless the evidence convinces you beyond a reasonable doubt that [he] [she] did not reasonably believe that deadly force was necessary to prevent death or serious bodily injury to [himself] [herself] [other person];

[b. and unless the evidence also convinces you beyond a reasonable doubt that [he] [she] did not reasonably believe either that deadly force was necessary to prevent [name of arrested person] from escaping or that [name of arrested person]:

[(1) in attempting to escape had committed or attempted to commit the crime of [crime]; [or]

(2) possessed a deadly weapon; [or]

(3) had indicated that [he] [she] would endanger human life or inflict serious bodily injury unless [his] [her] custody was secured without delay.]]

 

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