Nebraska Jury Instructions, Criminal Chapter 7: Affirmative Defenses 7.1 Self Defense (No Deadly Force) The defendant acted in self defense if: (1) (here insert victim’s name) ((used, threatened, used or threatened) force against the defendant); and (2) under the circumstances as they existed at the time, the defendant reasonably believed that (the force (he, she) […]
NE 7.1 Self-Defense (No Deadly Force) Read More »
Nebraska Jury Instructions, Criminal Chapter 7: Affirmative Defenses 7.2 Self Defense (Issue as to Deadly Force) If (the force used by the defendant) was not deadly force, then the defendant acted In self defense if: (1) (here insert victim’s name) ((used, threatened, used or threatened) force against the defendant); and (2) under the circumstances as
NE 7.2. Self-Defense (Issue as to Deadly Force) Read More »
Nebraska Jury Instructions, Criminal Chapter 7: Affirmative Defenses 7.3 Self Defense (Deadly Force) The defendant acted in self defense if: (1) (here insert victim’s name) (here insert appropriate language such as threatened, attempted, caused, threatened or caused) (death, serious bodily harm, kidnapping, sexual intercourse compelled by force or threat of force); and (2) the defendant
NE 7.3 Self-Defense (Deadly Force) Read More »
Nebraska Jury Instructions, Criminal Chapter 7: Affirmative Defenses 7.4 Defense of Another The defendant acted in defense of another person if: (1) the defendant reasonably believed that (here insert victim’s name) ((used, threatened, used or threatened) force) against (here insert name of person the defendant claims to have protected); and (2) under the circumstances as
NE 7.4 Defense of Another Read More »
Revised Statutes of Nebraska Annotated Chapter 28 Crimes and Punishments (Arts. 1 — 17) Article 1 Provisions Applicable to Offenses Generally (§§ 28-101 — 28-117) (a) General Provisions (§§ 28-101 — 28-109) § 28-109. Terms, defined. For purposes of the Nebraska Criminal Code, unless the context otherwise requires: (1) Act shall mean a bodily movement,
NE 28-109. Terms, defined. Read More »
State v. Oldenburg, 628 N.W.2d 278 (NE Ct. App. 2001) Nebraska Court of Appeals April 24, 2001, Filed No. A-99-504. 10 Neb. App. 104 | 628 N.W.2d 278 | 2001 Neb. App. LEXIS 87 State of Nebraska, appellee, v. Charlene M. Oldenburg, appellant. Counsel: David E. Veath for appellant. Don Stenberg, Attorney General, and J.
State v. Oldenburg, 628 N.W.2d 278 (NE Ct. App. 2001) Read More »
State v. Case, 304 Neb. 829 (NE Sup. Ct. 2020) LOSD SUMMARY This case involves the issue of whether self-defense is available to a person who unjustifiably places himself in harm’s way—for example, by leaving a position of safety to confront another person. As I always caution, it never much looks like self-defense when you
State v. Case, 304 Neb. 829 (NE Sup. Ct. 2020) Read More »
Nebraska Jury Instructions, Criminal Chapter 7: Affirmative Defenses 7.5 Defense of Property The defendant acted in defense of (his, her) property if: [(1) the defendant reasonably believed that (he, she) possessed the land; and] [2] (he, she) reasonably believed that (the force used) against (here insert victim’s name) was immediately necessary (to prevent (here insert
NE 7.5 Defense of Property Read More »
Revised Statutes of Nebraska Annotated Chapter 28 Crimes and Punishments (Arts. 1 — 17) Article 14 Noncode Provisions (§§ 28-1401 — 28-1483) (b) Justification for Use of Force (§§ 28-1406 — 28-1417) § 28-1416. Justification an affirmative defense; available in certain civil actions. (1) In any prosecution based on conduct which is justifiable under sections
NE 28-1416. Justification an affirmative defense; available in certain civil actions. Read More »
Revised Statutes of Nebraska Annotated Chapter 28 Crimes and Punishments (Arts. 1 — 17) Article 14 Noncode Provisions (§§ 28-1401 — 28-1483) (b) Justification for Use of Force (§§ 28-1406 — 28-1417) § 28-1414. Mistake of law; reckless or negligent use of force. (1) The justification afforded by sections 28-1409 to 28-1412 is unavailable when:
NE 28-1414. Mistake of law; reckless or negligent use of force. Read More »
