Jury Instructions

NY JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF A PERSON

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New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions General Applicability Defenses Justification Defense of a Justification: Use of Deadly Physical Force in Defense of a Person Penal Law 35.15 (2) (Effective Sept. 1, 1980) (Revised Jan. 2013; Feb. & July 2016; Jan. 2018) For a defense to a specific crime, see the […]

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NY JUSTIFICATION: USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON PENAL LAW 35.15

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New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions General Applicability Defenses Justification Defense of a Justification: Use of Physical Force in Defense of a Person Penal Law 35.15(1) (Effective Sept. 1, 1980) (Revised Jan. 2015; Feb. & July 2016; and Jan 2018) For a defense to a specific crime, see the “Additional

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NY JUSTIFICATION: DEFENSE OF NECESSITY, AS AN EMERGENCY MEASURE1 PENAL LAW 35.05(2)

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New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions General Applicability Defenses Justification Justification: Defense of Necessityas an Emergency Measure Penal Law 35.05(2) (Effective Mar. 21, 1968) Revised Jan. 2018) For a defense to a specific crime, see the “Additional Charges” section on the Penal Law page listing the charge for that crime.

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NY CONSCIOUSNESS OF GUILT

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New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions General Applicability Consciousness of Guilt In this case the People contend that ( briefly specify the defendant’s conduct; e.g. the defendant fled New York shortly after the crime; the defendant gave a false alibi), and that such conduct demonstrates a consciousness of guilt. You

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NY Presumption of Innocence; Burden of Proof (in cases without an affirmative defense); Proof Beyond A Reasonable Doubt

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New York Criminal Jury Instructions & Model Colloquies Criminal Jury Instructions Burden of Proof Presumption of Innocence Burden of Proof (in cases with an affirmative defense) Proof Beyond A Reasonable Doubt NOTE: The difference between the instruction “with” an affirmative defense and the instruction “without” an affirmative defense is in the fourth paragraph that begins:

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NM UJI 14-5191. Self defense; limitations; aggressor.

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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part K. Self Defense 14-5191. Self defense; limitations; aggressor. Before you consider whether the defendant acted in self defense, you must first decide whether the defendant was the first aggressor. The defendant was the first aggressor if the defendant [started

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NM UJI 14-5190. Self defense; assailed person need not retreat.

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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part K. Self Defense 14-5190. Self defense; assailed person need not retreat1. A person who is defending against an attack 2 defending another from an attack or defending property need not retreat. In the exercise of the right of self defense 2

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NM UJI 14-5184. Defense of another; deadly force by defendant.

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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part J. Nonhomicidal Defense of Self, Others or Property 14-5184. Defense of another; deadly force by defendant1. An issue in this case is whether the defendant acted while defending another person. The defendant acted in defense of another if: 1.

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NM UJI 14-5183. Self defense; deadly force by defendant.

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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part J. Nonhomicidal Defense of Self, Others or Property 14-5183. Self defense; deadly force by defendant1. An issue in this case is whether the defendant acted in self defense. The defendant acted in self defense if: 1. There was an

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NM UJI 14-5182. Defense of another; nondeadly force by defendant.

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Uniform Jury Instructions – Criminal Chapter 14. Uniform Jury Instructions—Criminal Chapter 51. Justification and Defense Part J. Nonhomicidal Defense of Self, Others or Property 14-5182. Defense of another; nondeadly force by defendant.1 An issue in this case is whether the defendant acted while defending another person. The defendant acted in defense of another if: 1.

NM UJI 14-5182. Defense of another; nondeadly force by defendant. Read More »