Wisconsin Jury Instruction Criminal (WJIC)
830 Privilege: Defense of Others: Force Intended or Likely To Cause Death or Great Bodily Harm — § 939.48(4)
INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.
Defense of Others
Defense of others is an issue in this case. The law of defense of others allows the defendant to threaten or intentionally use force to defend another only if:
· the defendant believed that there was an actual or imminent unlawful interference with the person of (name of third person) ; and,
· the defendant believed that (name of third person) was entitled to use or to threaten to use force in self defense; and,
· the defendant believed that the amount of force used or threatened by the defendant was necessary for the protection of (name of third person) ; and,
· the defendant’s beliefs were reasonable.
The defendant may intentionally use or threaten force which is intended or likely to cause death or great bodily harm only if the defendant reasonably believed that the force used was necessary to prevent imminent death or great bodily harm to (name of third person) .
Determining Whether Beliefs Were Reasonable
A belief may be reasonable, even though mistaken. In determining whether the defendant’s beliefs were reasonable the standard is what a person of ordinary intelligence and prudence would have believed in the defendant’s position under the circumstances that existed at the time of the alleged offense. The reasonableness of the defendant’s beliefs must be determined from the standpoint of the defendant at the time of his acts and not from the viewpoint of the jury now.
[IF RETREAT IS AN ISSUE, ADD APPROPRIATE INSTRUCTION HERE — SEE WIS JI CRIMINAL 810.]
[IF THERE IS EVIDENCE THAT THE THIRD PERSON PROVOKED THE ATTACK, ADD APPROPRIATE INSTRUCTION HERE – SEE WIS JI CRIMINAL 835].
State’s Burden of Proof
The State must prove by evidence which satisfies you beyond a reasonable doubt that the defendant did not act lawfully in defense of others.
If you are satisfied beyond a reasonable doubt that all ____ elements of _________1 have been proved and that the defendant did not act lawfully in defense of others, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
[Checked December 2017]