Jury Instructions

OK OUJI-CR 8-12. DEFENSE OF ANOTHER – DEFINITIONS

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-12 Defense of Another – Definitions Bodily Harm – Any touching of a person against his/her will with physical force, in an intentional, hostile, and aggressive manner. Reference: Black’s Law Dictionary 222 (Rev. 4th ed. 1968). Deadly Force – Force intended or likely to […]

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OK OUJI-CR 8-11. DEFENSE OF ANOTHER – TRESPASSER DEFINED

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-11 Trespasser Defined A person is a trespasser if that person has ([entered without consent]/[is unlawfully] upon the land of another)/(refused to leave the land of another after a lawful request to leave has been made to him/her). Committee Comments The instructions pertaining to

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OK OUJI-CR 8-10. DEFENSE OF ANOTHER – WHEN PERSON AIDED IS A TRESPASSER

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-10 When Person Aided Is a Trespasser Defense of another is available to a defendant when the person on whose behalf the defendant intervened was a trespasser only if the trespasser availed or attempted to avail himself/herself of any reasonably safe means of retreat

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OK OUJI-CR 8-9. DEFENSE OF ANOTHER – AGGRESSOR DEFINED

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-9 Aggressor Defined A person is an aggressor when that person by his/her wrongful conduct provokes, brings about, or continues an altercation. [The use of words alone cannot make a person an aggressor.] Committee Comments The above four instructions reflect the case law that

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OK OUJI-CR 8-8. DEFENSE OF ANOTHER – WHEN DEFENSE AVAILABLE

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-8 When Defense Available If the person on whose behalf the defendant intervened (was not the original aggressor)/(did not provoke another with the intent to cause the altercation)/(did not voluntarily enter into mutual combat), the defendant may act on his/her reasonable belief that the

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OK OUJI-CR 8-7. DEFENSE OF ANOTHER – DEFENSE REESTABLISHED

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-7 Defense Reestablished If the person on whose behalf the defendant intervened (was the original aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat) but withdrew or attempted to withdraw from the altercation and communicated his/her desire to withdraw to

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OK OUJI-CR 8-6. DEFENSE OF ANOTHER – WHEN DEFENSE NOT AVAILABLE

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-6 When Defense Not Available Defense of another is permitted as a defense solely because of necessity. Defense of another is not available to a defendant when the person on whose behalf the defendant intervened (was the aggressor)/(provoked another with the intent to cause

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OK OUJI-CR 8-4. DEFENSE OF ANOTHER -JUSTIFIABLE USE OF NONDEADLY FORCE

Oklahoma Uniform Jury Instructions–Criminal (OUJI-CR) OK OUJI-CR 8-4.  DEFENSE OF ANOTHER -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 the

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OK OUJI-CR 8-3. DEFENSE OF PERSON -JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-3 Justifiable Use of Force to Prevent Offense A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime. Statutory Authority: 22 O.S. 2011, § 33. Committee Comments

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