Jury Instructions

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(E). Self-Defense: No Duty to Retreat—“Castle Doctrine” Exception One of the exceptions to the general rule that (insert name of defendant) has a duty to make a reasonable effort to retreat before using deadly force is that a person who is attacked […]

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(D). Self-Defense: Determining the Aggressor As stated earlier, you must determine whether (insert name of defendant) was the aggressor of the attack in determining whether a valid self-defense claim exists. In order for (insert name of defendant) to claim self-defense, you must

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(C). Self-Defense: Non-Deadly Force Evidence has been presented that (insert name of defendant) acted in self-defense. A person may use a reasonable amount of non-deadly force in self-defense. Non-deadly force means force that is not reasonably calculated to cause serious bodily harm

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(B). Self-Defense: Deadly Force and Duty to Retreat Evidence has been presented that (insert name of defendant) acted in self-defense. Under certain circumstances, a person may use deadly force in self-defense. Deadly force means force that is reasonably calculated to cause serious

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(A). Self-Defense: General Instruction Evidence has been presented that (insert name of defendant) acted in self-defense. Under certain circumstances, a person has the right to use a reasonable amount of force in self-defense. In order to justify (insert specific crime(s) to which

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES K. Necessity § 8.12. Necessity You have heard evidence that the defendant may have committed the crime for which [he] [she] is accused out of necessity. The defense of necessity is available when a person is forced to choose between two evils, committing a crime

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES D. Defense of Others § 8.05. Defense of Others A person has a right to go to the defense of another person. You have heard evidence that the defendant witnessed an assault on another person. In order to justify (insert specific crime(s) charged) on the

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES C. Defense of Property § 8.04. Defense of Habitation or Other Property—Right to Use Non-deadly Force You have heard evidence that (insert name of defendant) acted in defense of property. A person is justified in using reasonable non-deadly force to protect [his] [her] property if

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES C. Defense of Property § 8.03. Defense of Habitation—Right to Use Deadly Force You have heard evidence that (insert name of defendant) acted in defense of [his] [her] home. A person is justified in using deadly force to prevent a (insert crime) from being committed

Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 1 GENERAL INSTRUCTIONS A. Preliminary Instructions § 1.05. Reasonable Doubt The State has the burden of proving the guilt of the defendant beyond a reasonable doubt. This burden remains on the State throughout the trial. The defendant is not required to prove [his] [her] innocence. However, the