Jury Instructions

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-53 Aggressor Defined A person is an aggressor when that person by his/her wrongful acts provokes, brings about, or continues an altercation. [The use of words alone cannot make a person an aggressor.] Notes on Use The parenthetical sentence is presented by the Committee […]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-52 No Duty to Retreat A person who (was not the aggressor)/(did not provoke another with intent to cause an altercation)/(did not voluntarily enter into mutual combat) has no duty to retreat, but may stand firm and use the right of self-defense.   [230612]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-50 When Defense Not Available Self-defense is permitted a person solely because of necessity. Self-defense is not available to a person who (was the aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat), no matter how great the danger to

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-49 Burden of Proof It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in self-defense. If you find that the State has failed to sustain that burden, then the defendant must be found not

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-48 Justifiable Use of Nondeadly Force A person is justified in using force in self-defense if that person reasonably believed that use of force was necessary to protect himself/herself from imminent danger of bodily harm. Self-defense is a defense although the danger to personal

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-47 Battered Women Cases A person is justified in using deadly force in self-defense if that person believed that use of deadly force was necessary to protect herself from imminent danger of death or great bodily harm. Self-defense is a defense although the danger

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-46 Justifiable Use of Deadly Force A person is justified in using deadly force in self-defense if that person reasonably believed that use of deadly force was necessary to prevent death or great bodily harm to himself/herself or to terminate or prevent the commission

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-45 Introduction Evidence has been introduced of self-defense as a defense to the charge that the defendant has committed the crime of [Crime Charged in Information/Indictment]. Notes on Use This instruction is simply an introductory instruction to be used when the defendant is using

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-30 Burden of Proof It is the burden of the State to prove beyond a reasonable doubt that the death is not excusable homicide. If you find that the State has failed to sustain that burden, then the defendant must be found not