Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES C. Non-Statutory Defenses § 5.62 Accident The defendant has raised the defense of accident to [charge]. The State must prove that the defendant had the state of mind required by the statute defining the offense. If the defendant’s conduct [describe] was an accident, then the defendant […]
Griffin v. State, 47 A.3d 487 (DE Sup. Ct. 2012) Supreme Court of Delaware April 18, 2012, Submitted; June 18, 2012, Decided No. 412, 2011 47 A.3d 487 | 2012 Del. LEXIS 319 | 2012 WL 2319050 WILLIAM GRIFFIN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. Counsel: Santino Ceccotti, Esquire, Office of
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Delaware Code Annotated Title 11 Crimes and Criminal Procedure (Pts. I — VII) Part I Delaware Criminal Code (Chs. 1 — 15) Chapter 4 Defenses to Criminal Liability (§§ 401 — 477) § 468. Justification — Use of force by persons with special responsibility for care, discipline or safety of others. The use of force
Delaware Code Annotated Title 11 Crimes and Criminal Procedure (Pts. I — VII) Part I Delaware Criminal Code (Chs. 1 — 15) Chapter 4 Defenses to Criminal Liability (§§ 401 — 477) § 467. Justification — Use of force in law enforcement. (a) The use of force upon or toward the person of another is
DE 467. Justification — Use of force in law enforcement. Read More »
Delaware Code Annotated Title 11 Crimes and Criminal Procedure (Pts. I — VII) Part I Delaware Criminal Code (Chs. 1 — 15) Chapter 4 Defenses to Criminal Liability (§§ 401 — 477) § 462. Justification — Execution of public duty. (a) Unless inconsistent with the ensuing sections of this Criminal Code defining justifiable use of
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Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES A. Statutory defenses, Non-affirmative § 5.14 Justification – Use of Deadly Force The defendant has asserted as a defense to [charge] that the defendant was justified in using deadly force in self-defense. The use of deadly force is justifiable if, at the time the force was
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Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES A. Statutory defenses, Non-affirmative § 5.13 Justification – Use of Force to Protect Property The defendant has asserted as a defense to [charge] that the defendant was justified in using force for the protection of property. This defense is available, if the defendant believed that such
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Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES A. Statutory defenses, Non-affirmative § 5.12 Justification – Use of Force to Protect Another The defendant has asserted as a defense to [charge] that the defendant was justified in using force to protect another person. This defense is available only if all three of the following
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Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES A. Statutory defenses, Non-affirmative § 5.11 Justification – Use of Force in Self-Protection The defendant has asserted the defense against the charge of [charge] that the defendant was justified in using force in self-defense. This defense is available if the defendant believed, in the circumstances as
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Delaware Pattern Jury Instructions – Criminal CHAPTER V. DEFENSES A. Statutory defenses, Non-affirmative § 5.10 Justification – Choice of Evils The defendant has asserted the defense of justification by “choice of evils” against the charge of [charge]. In other words, the defendant claims that his conduct was justifiable. This defense is available if all three
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