HAWAI’I JURY INSTRUCTIONS HI 7.06 AFFIRMATIVE DEFENSE–GENERIC The defendant has raised the affirmative defense of (specify the affirmative defense). Before you may consider (specify the affirmative defense), you must first determine whether the prosecution has proven all of the elements of (specify in the disjunctive charge(s) and any instructed included offense(s)) beyond a reasonable […]
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HAWAI’I JURY INSTRUCTIONS HI 7. SPECIFIC DEFENSES INTRODUCTORY COMMENT A defendant “is entitled to an instruction on every defense or theory of defense having any support in the evidence . . . no matter how weak, inconclusive or unsatisfactory the evidence may be.” State v. Robinson, 82 Hawai`i 304, 922 P.2d 358 (1996);
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003) GA 3.15.10 Character of Defendant; Good When evidence of the good character of the defendant is offered, the jury has the duty to take that testimony, with all other evidence in the case, in determining the guilt or innocence of the defendant. Good character is a positive, substantive
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2018) § 3.14.10 JUSTIFICATION; USE OF FORCE IN DEFENSE OF PROPERTY A person is justified in threatening or using force against another person when, and to the extent that, the person reasonably believes that such threat or force is necessary to prevent or terminate the other’s trespass on or other
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2018) § 3.12.10 JUSTIFICATION; USE OF FORCE IN DEFENSE OF HABITATION (MOTOR VEHICLE) A person is justified in threatening or using force against another person when, and to the extent that, the person reasonably believes that such threat or force is necessary to prevent or terminate the other’s unlawful entry into or
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003) GA 3.08.11 illegal Arrest; Right to Use Force to Prevent One upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest. Smithy. State, 84 Ga. App. 79 (1951) Ronemous
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003) GA 3.08.10 Arrest; Right to Resist Unlawful Force in Making Legal Arrest (Note: The following charge should relate to charges arising out of the arrest itself for example, assault, escape, etc) A police officer, in making a lawful arrest, is authorized to use only that degree of force
Georgia Suggested Pattern Jury Instructions, Criminal Cases AFFIRMATIVE DEFENSES § 3.16.30 Revenge A defendant is not justified in threatening or using force against another person solely in revenge for something the other person said or did on a previous occasion, no matter how serious the past wrong may have been. If you find beyond a
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003) GA 3.06.10 Excessive Force The use of excessive force or unlawful force while acting in self-defense is not justifiable, and the defendant’s conduct in this case would not be justified if you find that the force used exceeded that which the defendant reasonably believed was necessary to defend
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GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003) GA 3.05.10 Justification; Threats, Menaces Causing Reasonable Beliefs of Danger To justify a homicide, it is not essential that there should be an actual assault made upon the defendant. Threats, accompanied by menaces, though the menaces do not amount to an actual assault, may, in some instances, be
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