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

9.508E – JUSTIFICATION: USE OF DEADLY FORCE TO PREVENT THE COMMISSION OF CRIME

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 to prevent [name of person attempting a crime] from [committing a crime involving or threatening bodily injury] [committing a crime involving or threatening damage to or loss of property] [committing a crime involving or threatening a breach of the peace], 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 the availability of the defense of justification when deadly force was used as a preventive measure. The Commonwealth has the burden of disproving the defense of justification, as follows:

a. The defendant should be found not guilty if [he] [she] reasonably believed either that there was a substantial risk that [name of person attempting crime] would cause death or serious bodily injury to another person unless [he] [she] was prevented from committing the crime and that the use of deadly force presented no substantial risk of injury to innocent persons.

b. The defendant should be found not guilty if [he] [she] reasonably believed that [his] [her] use of deadly force was necessary to suppress a [riot] [mutiny] after the [rioters] [mutineers] had been ordered to disperse and warned, as required by the law, that such force would be used if they should not obey.

c. If the evidence does not convince you of the defendant’s guilt beyond a reasonable doubt under [either] [any] of the alternatives I have just discussed, then you must find the defendant not guilty.

 

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