Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.7 Deadly Force – Duties. After using deadly force, the defendant had the following duties: 1. To not intentionally destroy, alter, conceal, or disguise physical evidence relating to the defendant’s use of deadly force; 2. To not intentionally intimidate a witness into refusing to cooperate with an investigation […]
IA I.C.J.I. 400.7 Deadly Force – Duties. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.6 Deadly Force – Presumptions. If you find that the defendant knew, or had reason to believe, any of the following at the time [he] [she] used deadly force, you must presume the defendant reasonably believed that deadly force was necessary to avoid injury or risk to [his]
IA I.C.J.I. 400.6 Deadly Force – Presumptions. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.5 Deadly Force – General Statement. The term “deadly force” means any of the following: 1. Force used to purposefully cause a serious injury, as defined in Instruction ____;* 2. Force that the defendant knew or should have reasonably known would create a strong probability that serious injury,
IA I.C.J.I. 400.5 Deadly Force — General Statement. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.4 Provocation — Defense Not Available. If any of the following is true, the defendant’s use of force was not justified: 1. The defendant initially provoked the use of force against [himself][herself], intending to use it as an excuse to injure (name of victim). 2. The defendant initially
IA I.C.J.I. 400.4 Provocation — Defense Not Available. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.3 Justification — Defense Not Available. If any of the following is true, the defendant’s use of force was not justified: 1. The defendant did not have a reasonable belief that it was necessary to use force to prevent an injury or loss. 2. The defendant used unreasonable
IA I.C.J.I. 400.3 Justification — Defense Not Available. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.2 No Duty to Retreat. A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as described in these instructions. Authority Iowa Code section 704.1(3) State v. Baltazar, 935 N.W.2d 862 (Iowa
IA I.C.J.I. 400.2 Justification – Elements – Self-Defense Of Person. Read More »
Iowa Criminal Jury Instructions CHAPTER 400 JUSTIFICATION 400.1 Justification – Definition – Reasonable Force – Burden of Proof. The defendant claims [he][she] was justified in using reasonable force to prevent [injury to a person, including the defendant] [the loss of defendant’s property, another’s property or public property] [the commission of a forcible felony]. The defendant
IA I.C.J.I. 400.1 Justification – Definition – Reasonable Force – Burden Of Proof. Read More »
Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-4 Justifiable Use of Nondeadly Force A person is justified in using force in defense of another if that person reasonably believed that use of force was necessary to protect another from imminent danger of bodily harm. Defense of another is a defense although
OK OUJI-CR 8-4. DEFENSE OF ANOTHER -JUSTIFIABLE USE OF NONDEADLY FORCE Read More »
WEST VIRGINIA CRIMINAL JURY INSTRUCTIONS, 6th Edition (W.V.C.J.I.) Part C. Defenses WV DEFENSES: SELF-DEFENSE If the defendant was not the aggressor, and had reasonable grounds to believe and actually did believe that he or she was in imminent danger of death or serious bodily harm from which he or she could save him or
WV DEFENSES: SELF-DEFENSE Read More »
WEST VIRGINIA CRIMINAL JURY INSTRUCTIONS, 6th Edition (W.V.C.J.I.) Part A. General Instructions. Chapter IV. Final Charge. WV 4.12 PRESUMPTION OF INNOCENCE, REASONABLE DOUBT, BURDEN OF PROOF The Court instructs the jury that the law presumes a defendant to be innocent of crime. Thus, a defendant, although accused, begins the trial with a “clean slate”
WV 4.12 PRESUMPTION OF INNOCENCE, REASONABLE DOUBT, BURDEN OF PROOF Read More »
