Hawaii Revised Statutes Annotated Division 5. Crimes and Criminal Proceedings (Titles 37 — 38) Title 37 Hawaii Penal Code (Chs. 701 — 713) Chapter 701 Preliminary Provisions (§§ 701-100 — 701-119) § 701-115. Defenses. (1) A defense is a fact or set of facts which negatives penal liability. (2) No defense may be considered by the […]
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Hawaii Standard Criminal Jury Instructions VOLUME I 7. SPECIFIC DEFENSES 7.02A. DEFENSE OF OTHERS WHEN DEADLY FORCE IS AT ISSUE. Section 1 – Defense; Issues; Burden of Proof Defense of others is a defense to the charge(s) of (specify charge and its included offenses). Defense of others involves consideration of two issues. First, you must
HI 7.02A Defense of others when deadly force is at issue. Read More »
Hawaii Standard Criminal Jury Instructions VOLUME I 7. SPECIFIC DEFENSES 7.01 SELF-DEFENSE Justifiable use of force–commonly known as self-defense–is a defense to the charge of (specify charge and its included offenses). The burden is on the prosecution to prove beyond a reasonable doubt that the force used by the defendant was not justifiable. If the
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Hawaii Standard Criminal Jury Instructions VOLUME I 3. INSTRUCTIONS AT END OF CASE 3.02 PRESUMPTION OF INNOCENCE; REASONABLE DOUBT (6/29/00) You must presume the defendant is innocent of the charge against him/her. This presumption remains with the defendant throughout the trial of the case, unless and until the prosecution proves the defendant guilty beyond a
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Hawaii Standard Criminal Jury Instructions VOLUME I 7. SPECIFIC DEFENSES 7.18B. DEFENSE OF PROPERTY WHEN THE USE OF “DEADLY FORCE” IS NOT AT ISSUE The use of force in the defense of property is a defense to the charge(s) of (specify charge and its included offenses). The burden is on the prosecution to prove beyond
HI 7.18B. DEFENSE OF PROPERTY WHEN THE USE OF “DEADLY FORCE” IS NOT AT ISSUE Read More »
Hawaii Standard Criminal Jury Instructions VOLUME I 7. SPECIFIC DEFENSES 7.18A. DEFENSE OF PROPERTY WHEN THE USE OF “DEADLY FORCE” IS AT ISSUE The use of force in the defense of property is a defense to the charge(s) of (specify charge and its included offenses). The use of force in defense of property involves consideration
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Hawaii Revised Statutes Annotated Division 5. Crimes and Criminal Proceedings (Titles 37 — 38) Title 37 Hawaii Penal Code (Chs. 701 — 713) Chapter 703 General Principles of Justification (§§ 703-300 — 703-310) § 703-300. Definitions relating to justification. In this chapter, unless a different meaning is plainly required: “Believes” means reasonably believes. “Deadly force” means
HI 703-300 Definitions relating to justification. Read More »
Hawaii Revised Statutes Annotated Division 4. Courts and Judicial Proceedings (Titles 32 — 36) Title 36 Civil Remedies and Defenses and Special Proceedings (Chs. 651 — 676) Chapter 663 Tort Actions (Pts. I — VI) Part I. Liability; Survival of Actions (§§ 663-1 — 663-10.99) [§ 663-1.57.] Owner to felon; limited liability. (a) An owner, including
HI Section 663-1.57 Owner to felon; limited liability Read More »
Hawaii Revised Statutes Annotated Division 5. Crimes and Criminal Proceedings (Titles 37 — 38) Title 37 Hawaii Penal Code (Chs. 701 — 713) Chapter 703 General Principles of Justification (§§ 703-300 — 703-310) § 703-310. Provisions generally applicable to justification. (1) When the actor believes that the use of force upon or toward the person of
HI 703-310 Provisions generally applicable to justification. Read More »
Hawaii Revised Statutes Annotated Division 5. Crimes and Criminal Proceedings (Titles 37 — 38) Title 37 Hawaii Penal Code (Chs. 701 — 713) Chapter 703 General Principles of Justification (§§ 703-300 — 703-310) § 703-306. Use of force for the protection of property. (1) The use of force upon or toward the person of another is
HI 703-306 Use of force for the protection of property. Read More »
