Jury Instructions

MD MPJI-Cr 5:02 Defense of Habitation — Deadly Force

Maryland Criminal Pattern Jury Instructions (MSBA) CHAPTER FIVE DEFENSES DEFENSE OF HABITATION–DEADLY FORCE MPJI-Cr 5:02 You have heard evidence that the defendant acted in defense of [his] [her] home. Defense of one’s home is a defense, and you are required to find the defendant not guilty if all of the following five factors are present:

MD MPJI-Cr 5:02 Defense of Habitation — Deadly Force Read More »

VA VMJI 52.510 Self-Defense–Defendant With Fault–Retreat to Wall

Virginia Model Jury Instructions – Criminal CHAPTER 52 DEFENSES—GENERAL Instruction No. 52.510 Self-Defense—Defendant With Fault—Retreat to Wall If you believe that the defendant was to some degree at fault in provoking or bringing on the [fight; difficulty], but you further believe that: (1) he retreated as far as he safely could under the circumstances in

VA VMJI 52.510 Self-Defense–Defendant With Fault–Retreat to Wall Read More »

VA VMJI 52.500 Self-Defense–Defendant Without Fault

Virginia Model Jury Instructions – Criminal CHAPTER 52 DEFENSES—GENERAL Instruction No. 52.500 Self-Defense—Defendant Without Fault If you believe that the defendant was without fault in provoking or bringing on the [fight; difficulty], and you further believe that: (1) he reasonably feared, under the circumstances as they appeared to him, that he was in imminent danger

VA VMJI 52.500 Self-Defense–Defendant Without Fault Read More »

DC Instruction 9.600. DEFENSES OF ACCIDENT AND MISTAKE—NOTE

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope F. Accident, Mistake Instruction 9.600 DEFENSES OF ACCIDENT AND MISTAKE—NOTE Defenses of accident and mistake of fact (or non-penal law) have potential application to any case in which they could rebut proof of a required mental element. See, e.g., Clark v. U.S., 593 A.2d

DC Instruction 9.600. DEFENSES OF ACCIDENT AND MISTAKE—NOTE Read More »

DC Instruction 9.505. SELF-DEFENSE—PAST VIOLENCE BY COMPLAINANT OR DECEDENT

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.505 SELF-DEFENSE—PAST VIOLENCE BY COMPLAINANT OR DECEDENT A. DEFENDANT WAS AWARE [Applicable in D.C. Superior Court and U.S. District Court] 1. Complainant’s or Decedent’s Specific Acts of Violence You have heard evidence

DC Instruction 9.505. SELF-DEFENSE—PAST VIOLENCE BY COMPLAINANT OR DECEDENT Read More »

DC Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.504 SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR A. AGGRESSION AND PROVOCATION If you find that [name of defendant] [was the aggressor] [or] [provoked imminent danger of bodily harm upon himself/herself], s/he

DC Instruction 9.504. SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR Read More »