VT CR07-091. THE AGGRESSOR AND SELF-DEFENSE OR DEFENSE OF ANOTHER

State: Jury Instruction Number:

 

Vermont Jury Instructions

VT  CR07-091.  THE AGGRESSOR AND SELF-DEFENSE OR DEFENSE OF ANOTHER

If, however, the State has proven beyond a reasonable doubt that (Def)_______________ was the aggressor in this confrontation, then you may not find that (Def)_______________ acted in lawful [self defense] [defense of another].  An aggressor is one who:

(1)  started the confrontation by first using force or the threat of immediate use of force, and

(2)  did not regain the right of [self defense] [defense of another] by effectively withdrawing from the confrontation.

To have effectively withdrawn from the confrontation, (Def)_______________ must have made reasonable efforts under the circumstances to notify (victim)_______________, by word and by deed, that [he] [she] was withdrawing.