Oklahoma Criminal Jury Instructions CHAPTER 1 INTRODUCTORY INSTRUCTIONS B. PRELIMINARY REMARKS 1-8 Opening Instruction You have been selected and sworn as the jury to try the case of the State of Oklahoma against [Name the Defendant(s)]. The defendant(s) is/are charged with the crime(s) of [Name the Crime Charged] by an information/indictment filed by the State. […]
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Oklahoma Statutes Title 22. Criminal Procedure (Chs. 1 — 32) Chapter 10. Evidence and Depositions (§§ 741 — 793) Evidence Generally (§§ 741 — 753) § 745. Burden of Proof in Mitigation of Murder Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of
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Oklahoma Statutes Title 21. Crimes and Punishments (Chs. 1 — 70) Chapter 20. Assault and Battery (§§ 641 — 650.11) § 643. Lawful Use of Force Upon Another—Circumstances To use or to attempt to offer to use force or violence upon or toward the person of another is not unlawful in the following cases: 1.
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Oklahoma Statutes Title 21. Crimes and Punishments (Chs. 1 — 70) Chapter 24. Homicide (§§ 691 — 733) Justifiable and Excusable Homicides (§§ 731 — 733) § 733. Justifiable Homicide by Other Persons A. Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to
OK 21‑733. Justifiable Homicide By Other Persons. Read More »
Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES A. DEFENSE OF ANOTHER 8-4 Justifiable Use of Nondeadly Force A person is justified in using force in defense of another if that person reasonably believed that use of force was necessary to protect another from imminent danger of bodily harm. Defense of another is a defense although
OK OUJI-CR 8-4. DEFENSE OF ANOTHER -JUSTIFIABLE USE OF NONDEADLY FORCE Read More »
Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-56 Defense of Self-Defense – Definitions Altercation – Heated dispute or controversy. Reference: Black’s Law Dictionary 71 (5th ed. 1979). Imminent danger – Danger that is pressing, urgent, or immediate. References: Lary v. State, 50 Okl. Cr. 111, 296 P. 512 (1931); Turner v.
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Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-54 Availability to a Trespasser The defense of self-defense is available to a person who was a trespasser only if the trespasser availed or attempted to avail himself/herself of a reasonable means of retreat from the imminent danger of (death or great bodily harm)/(bodily
OK OUJI-CR 8-54. DEFENSE OF SELF-DEFENSE – AVAILABILITY TO A TRESPASSER Read More »
Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-53 Aggressor Defined A person is an aggressor when that person by his/her wrongful acts provokes, brings about, or continues an altercation. [The use of words alone cannot make a person an aggressor.] Notes on Use The parenthetical sentence is presented by the Committee
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Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-52 No Duty to Retreat A person who (was not the aggressor)/(did not provoke another with intent to cause an altercation)/(did not voluntarily enter into mutual combat) has no duty to retreat, but may stand firm and use the right of self-defense. [230612]
OK OUJI-CR 8-52. DEFENSE OF SELF-DEFENSE – NO DUTY TO RETREAT Read More »
Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-50 When Defense Not Available Self-defense is permitted a person solely because of necessity. Self-defense is not available to a person who (was the aggressor)/(provoked another with the intent to cause the altercation)/(voluntarily entered into mutual combat), no matter how great the danger to
OK OUJI-CR 8-50. DEFENSE OF SELF-DEFENSE – WHEN DEFENSE NOT AVAILABLE Read More »
