District of Columbia

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope F. Accident, Mistake Instruction 9.600 DEFENSES OF ACCIDENT AND MISTAKE—NOTE Defenses of accident and mistake of fact (or non-penal law) have potential application to any case in which they could rebut proof of a required mental element. See, e.g., Clark v. U.S., 593 A.2d […]

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.520 DEFENSE OF PROPERTY A. DEFENSE OF REAL PROPERTY A person is justified in using reasonable force to protect his/her property from trespass when s/he reasonably believes that his/her property is in

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.510 DEFENSE OF A THIRD PERSON Every person has the right to use a reasonable amount of force in defense of another person if (1) s/he actually believes that the other person

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.505 SELF-DEFENSE—PAST VIOLENCE BY COMPLAINANT OR DECEDENT A. DEFENDANT WAS AWARE [Applicable in D.C. Superior Court and U.S. District Court] 1. Complainant’s or Decedent’s Specific Acts of Violence You have heard evidence

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.504 SELF-DEFENSE—WHERE DEFENDANT MIGHT HAVE BEEN THE AGGRESSOR A. AGGRESSION AND PROVOCATION If you find that [name of defendant] [was the aggressor] [or] [provoked imminent danger of bodily harm upon himself/herself], s/he

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.503 SELF-DEFENSE—NO DUTY TO RETREAT BEFORE USING DEADLY FORCE The law does not require a person to retreat or consider retreating from a threat of bodily harm. If you find that [name

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.502 SELF-DEFENSE—AMOUNT OF FORCE PERMISSIBLE WHERE APPEARANCES ARE FALSE A. NONDEADLY FORCE If [name of defendant] actually and reasonably believes it is necessary to use force to prevent imminent bodily harm to

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.501 SELF-DEFENSE—AMOUNT OF FORCE PERMISSIBLE A. NONDEADLY FORCE A person may use a reasonable amount of force in self-defense. A person may use an amount of force which, at the time of

Criminal Jury Instructions for the District of Columbia VI. Defenses Scope E. Self-Defense, Defense of Others, Defense of Property, Claim of Right Instruction 9.500 SELF-DEFENSE—GENERAL CONSIDERATIONS Every person has the right to use a reasonable amount of force in self-defense if (1) s/he actually believes s/he is in imminent danger of [death or serious] bodily

Criminal Jury Instructions for the District of Columbia IV. Offenses Scope A. Crimes Against Persons 2. Homicide Instruction 4.212 HOMICIDE—VOLUNTARY AND INVOLUNTARY MANSLAUGHTER A. VOLUNTARY MANSLAUGHTER The elements of voluntary manslaughter, each of which the government must prove beyond a reasonable doubt, are that: 1. [Name of defendant] caused the death of [name of decedent];