Jury Instructions

MI C.J.I .2d 7.23 Past Violence by complainant or Decedent

  C.J.I .2d 7.23 Past Violence by complainant or Decedent [Specific Acts] (1) There has been evidence that the (complainant / decedent) may have committed violent acts in the past and that the defendant knew about these acts. You may consider this evidence when you decide weather the defendant honestly and reasonably feared for (his […]

MI C.J.I .2d 7.23 Past Violence by complainant or Decedent Read More »

MI C.J.I.2d 7.19 Non deadly Aggressor Assaulted with Deadly Force

  C.J.I.2d 7.19 Non deadly Aggressor Assaulted with Deadly Force A defendant who [assaults someone else with fists or a weapon that is not deadly / insults someone with words / trespasses on someone else’s property / tries to take some one else’s property in a nonviolent way] does not lose all right to self‑defense

MI C.J.I.2d 7.19 Non deadly Aggressor Assaulted with Deadly Force Read More »

MI C.J.I.2d 7.18. Deadly Aggressor – Withdrawal

  C.J.I.2d 7.18.  Deadly Aggressor – Withdrawal A person who started an assault on someone else [with deadly force / with a dangerous or deadly weapon] cannot claim that [he/she] acted in self-defense unless [he/she] genuinely stopped [fighting / (his/her) assault] and clearly let the other person know that [he/she] wanted to make peace. Then,

MI C.J.I.2d 7.18. Deadly Aggressor – Withdrawal Read More »

MI C.J.I.2d 7.15. Use of Deadly Force in Self-Defense

  MI C.J.I.2d 7.15. Use of Deadly Force in Self-Defense 1) The defendant claims that [he/she] acted in lawful self-defense. A person has the right to use force or even take a life to defend [himself/herself] under certain circumstances. If a person acts in lawful self-defense, [his/her] actions are excused and [he/she] is not guilty

MI C.J.I.2d 7.15. Use of Deadly Force in Self-Defense Read More »

WI W.J.I.–Criminal 810. [No Duty to Retreat, but a Factor in Reasonableness of Self Defense]

  W.J.I.–CRIMINAL 810.  [No Duty to Retreat, but a Factor in Reasonableness of Self Defense] There is no duty to retreat. However, in determining whether the defendant reasonably believed the amount of force used was necessary to prevent or terminate the interference, you may consider whether the defendant had the opportunity to retreat with safety,

WI W.J.I.–Criminal 810. [No Duty to Retreat, but a Factor in Reasonableness of Self Defense] Read More »

IA I.C.J.I. 400.20 Justification – Elements – [Citizen's] Arrest of Another Committing a Public Offense.

Iowa J.I. Crim. § 400.20 (2018) Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.20 Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense A person is justified in using reasonable force if [he][she] reasonably believes the force is necessary to make an arrest of another who has committed or attempted a public

IA I.C.J.I. 400.20 Justification – Elements – [Citizen's] Arrest of Another Committing a Public Offense. Read More »

IA I.C.J.I. 400.19 Justification – Elements – [Citizen's] Arrest of Another for Felony.

Iowa J.I. Crim. § 400.19 (2018) Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.19 Justification – Elements – [Citizen’s] Arrest of Another for Felony A person is justified in using reasonable force if [he][she] reasonably believes the force is necessary to make an arrest or to prevent serious injury to another. If the State has

IA I.C.J.I. 400.19 Justification – Elements – [Citizen's] Arrest of Another for Felony. Read More »

IA I.C.J.I. 400.18 Justification – Elements – Necessity in Escaping From Place of Confinement.

Iowa J.I. Crim. § 400.18 (2018) Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.18 Justification – Elements – Necessity in Escaping From Place of Confinement A person is justified in escaping from a place of confinement when it is the only choice available. If the State has proved any one of the following elements, the

IA I.C.J.I. 400.18 Justification – Elements – Necessity in Escaping From Place of Confinement. Read More »