California Criminal Jury Instructions (CALCRIM 2023) CA §510. Excusable Homicide: Accident The defendant is not guilty of (murder/ [or] manslaughter) if (he/she) killed someone: 1. By accident and misfortune; OR If the defendant was doing a lawful act in a lawful way; The defendant was acting with usual and ordinary caution; AND 3. The defendant […]
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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part B. Intoxication 14-5105. Voluntary intoxication. [Withdrawn.] [Withdrawn by Supreme Court Order No. 19-8300-016, effective December 31, 2019.]. [230622]
NM NMRA 14-5105. Voluntary intoxication. Read More »
Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and DefensePart D. Mistake 14-5121. Ignorance or mistake of law.1 Evidence has been presented that the defendant was [ignorant of] [mistaken about] the law which he is accused of violating. When a person voluntarily does that which the law forbids and declares
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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part D. Mistake 14-5120. Ignorance or mistake of fact.1 An issue in this case is whether the defendant believed that 2. The burden is on the state to prove beyond a reasonable doubt that the defendant did not have an
NM NMRA 14-5120. Ignorance or mistake of fact. Read More »
Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 50. Evidence and Guides for Its Consideration Part E. Presumptions or Inferences 14-5060. Presumption of innocence; reasonable doubt; burden of proof.1 The law presumes the defendant to be innocent unless and until you are satisfied beyond a reasonable doubt of his guilt. The burden
NM NMRA 14-5060 . Presumption of innocence; reasonable doubt; burden of proof. Read More »
Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part I. Justifiable Homicide 14-5173. Justifiable homicide; public officer or employee.1 An issue you must consider in this case is whether the killing of _______ (name of victim) was justifiable homicide by a public officer or employee. The killing was
NM NMRA 14-5173. Justifiable homicide; public officer or employee. Read More »
Louisiana Jury Instructions–Civil and Criminal CHAPTER 1 Civil Jury Instructions VII. Negligence in General § 7.08 Aggressor Doctrine A rule of law known as the aggressor doctrine can sometimes be raised as a defense in a civil case, and particular relative to an intentional tort, such as arising out of a fight. A similar application applies
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Louisiana Criminal Jury Instructions (2017) § 6:24 Defense of others—Homicide and other cases It is justifiable to use force or violence [or to kill] in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself [herself] and when it is reasonably believed that such
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Louisiana Criminal Jury Instructions (2017) § 6:22 Justifiable homicide—Unauthorized entry into a dwelling, place of business or motor vehicle A homicide is justifiable if the defendant was lawfully inside a dwelling [place of business] [motor vehicle] and killed a person who made or was attempting to make an unlawful entry into a dwelling [place of
Louisiana Criminal Jury Instructions (2017) § 6:21 Justifiable homicide—Killing of a burglar (robber) A homicide is justifiable if the defendant killed a person who was committing or attempting to commit a burglary of [robbery in] a dwelling [a place of business] [motor vehicle] when the defendant reasonably believed the person was likely to use [attempting
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