Oklahoma

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-49 Burden of Proof It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in self-defense. If you find that the State has failed to sustain that burden, then the defendant must be found not […]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-48 Justifiable Use of Nondeadly Force A person is justified in using force in self-defense if that person reasonably believed that use of force was necessary to protect himself/herself from imminent danger of bodily harm. Self-defense is a defense although the danger to personal

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-47 Battered Women Cases A person is justified in using deadly force in self-defense if that person believed that use of deadly force was necessary to protect herself from imminent danger of death or great bodily harm. Self-defense is a defense although the danger

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-46 Justifiable Use of Deadly Force A person is justified in using deadly force in self-defense if that person reasonably believed that use of deadly force was necessary to prevent death or great bodily harm to himself/herself or to terminate or prevent the commission

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES I. DEFENSE OF SELF-DEFENSE 8-45 Introduction Evidence has been introduced of self-defense as a defense to the charge that the defendant has committed the crime of [Crime Charged in Information/Indictment]. Notes on Use This instruction is simply an introductory instruction to be used when the defendant is using

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-30 Burden of Proof It is the burden of the State to prove beyond a reasonable doubt that the death is not excusable homicide. If you find that the State has failed to sustain that burden, then the defendant must be found not

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-29 Accident and Misfortune – No Undue Advantage Taken A homicide is excusable when committed by accident and misfortune (in the heat of passion)/(upon any sudden and sufficient provocation)/(upon sudden combat), provided that no undue advantage is taken, nor dangerous weapon used, and

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-28 Accident and Misfortune – Lawful Act A homicide is excusable when committed by lawful means, with usual and ordinary caution, and without any unlawful intent, but occurs by accident and misfortune while doing some lawful act.   [230612]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-27 Introduction Evidence has been introduced of excusable homicide as a defense to the charge that the defendant has committed the crime of [Crime Charged in Information/ Indictment].   [230612]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-18 Defense of Property – Definitions Deadly Force – Force intended or likely to cause death or great bodily injury. Reference: R. Perkins. Criminal Law 993 (2d ed. 1969). Property – Property includes: (a) Real Property – Every estate, interest, and right in lands,