Mississippi Model Jury Instructions- Criminal CHAPTER 5 DEFENSES 510 Self-Defense – Imperfect Self-Defense If the defendant killed another person with an actual, genuine belief that the killing was necessary in order to protect [himself/herself] from great bodily harm or death, even though that belief was not reasonable under the circumstances, then the defendant did not […]
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MISSISSIPPI MODEL JURY INSTRUCTIONS CRIMINAL November 2013 §2:14 Use of deadly force against threat of serious bodily harm If you believe from the evidence that the deceased was a much larger and stronger person than the Defendant, and was capable of inflicting great and serious bodily harm upon the Defendant with his/her hands, and that
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Mississippi Model Jury Instructions- Criminal CHAPTER 5 DEFENSES 509 Self-Defense In order for the defendant to have acted in self-defense, the defendant must [specify (1) have believed that [he/she] was in actual danger; (2) have reasonably believed that [name of victim] intended to kill the defendant; or (3) have reasonably believed that [name of victim]
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Mississippi Model Jury Instructions- Criminal CHAPTER 1 COURT’S INSTRUCTIONS – GENERAL C. CAPITAL MURDER SENTENCING INSTRUCTIONS 112A. Capital Murder Sentencing Instruction-Jury Must Write Each Element (Effective July 1, 2013) You have found [name of defendant] guilty of the crime of capital murder. You must now decide whether [name of defendant] will be sentenced to death
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NH CrJI 3.15 SELF-DEFENSE: DISTINCTION BETWEEN DEADLY AND NON-DEADLY FORCE [1985] The distinction between deadly and non-deadly force depends on the defendant’s mental state. If the defendant had the purpose to cause death or serious bodily injury or if the defendant knew he was creating a substantial risk of causing death or serious bodily injury,
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NH CrJI 3.14 SELF-DEFENSE: NON-DEADLY FORCE NOT JUSTIFIED [1985] A person does not have the right to use non-deadly force to defend himself [or a third person] if: R.S.A. 627:4, 1(a) – Provocation 1. The defendant provoked the use of force by the other person; and 2. The defendant provoked the other person with a
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NH CrJI 3.13 SELF-DEFENSE – NON-DEADLY FORCE JUSTIFIED [1985] A person has the right to use non-deadly force on another person to defend himself [or a third person] if: R.S.A. 627:4, I – Justifiable Non-Deadly Force 1. He actually believed that the other person was about to use unlawful, non-deadly force against him. In other
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NH CrJI 3.12 SELF-DEFENSE: DEADLY FORCE NOT JUSTIFIED [1985] IMPORTANT: New Hampshire eliminated the legal duty to retreat, effective November 13, 2011, when it added the words “or anywhere he or she has a right to be” to R.S.A. 627:4, III(a) and where the person was not the initial aggressor. A person does not have the
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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,
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NH CrJI 3.10 SELF-DEFENSE: GENERALLY [1985] Evidence has been presented that the defendant acted in self-defense. When there is some evidence of self-defense, the State must prove beyond a reasonable doubt that the defendant did not act in self-defense. If you have a reasonable doubt as to whether the defendant acted in self-defense, you must
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