The Back Alley Archives

A person is justified in using deadly force if he reasonably believes that such force is necessary to prevent:
1. imminent death or great bodily harm to himself, herself, or another, or
2. the imminent commission of (forcible felony) against himself, herself, or another

However, the use of deadly force is NOT JUSTIFIABLE if you find:
1. Defendant was attempting to commit, committing, or escaping after the commission of (forcible felony); OR
2. Defendant INITIALLY PROVOKED the use of force against himself, UNLESS:
a. The force asserted toward the defendant was so great that he reasonably believed that he was in imminent danger of death or great bodily harm AND had exhausted every reasonable means to escape the danger, other than using deadly force on (assailant).
b. In good faith, the defendant withdrew from physical contact with (assailant) and clearly indicated to (assailant that he wanted to withdraw and stop the use of deadly force, but (assailant) continued or resumed the use of force.


In deciding whether defendant was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing the need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautions and prudent person under the circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, the defendant must have actually believed that the danger was real.

If the Defendant was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or to prevent the commission of a forcibly felony.

In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of the defendant and (victim).

If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty.
However, if from the evidence you are convinced that the defendant was not justified in the use of deadly fore, you should find him guilty if all the elements of the charge have been proved.