3.6(f). Justifiable Use Of Deadly Force

3.6(f) JUSTIFIABLE USE OF DEADLY FORCE NOTE TO JUDGE: Because there are many defenses applicable to self-defense, give only those parts of the instructions that are required by the evidence. Read in all cases An issue in this case is whether [name of defendant] acted in self-defense. It is a defense to the offense with which [name of defendant is charged if the ] [death of] [injury to] [name of victim] resulted from the justifof force likely to cause death or iable use great bodily harm. Give if applicable 782.02, Fla. Stat. The use of force likely to cause death or great bodily harm is justifiable only if [name of defendant] reasonably believes that the force is necessary to prevent imminent death or great bodily harm to [name of defendant] while resisting: 1. anothers attempt to murd[naer me of defendant], or 2. any attempt to comm[ait pplicable felony] upon [name of defendant], or 3. any attempt to comm[ait pplicable felony] upon any dwelling house occupied by [name of defendant], or 4. any attempt to comm[ait pplicable felony] in any dwelling house occupied by [name of defendant]. Insert and define applicable felony that defendant alleges victim attempted to commit. Give if applicable 776.012, 776.031, Fla. Stat. Persons are justified in using force likely to cause death or great bodily harm if they reasonably believe that such force is necessary to prevent: 1. imminent death or great bodily harm to themselves or another, or 2. the imminent commission of [applicable forcible felony] against themselves or another. Insert and define applicable forcible felony that defendant alleges victim was about to commit. Aggressor 776.041, Fla. Stat. <<<<<<<<<********>>>>>>>>>>>>> 2 However, the use of force likely to cause death or great bodily harm is not justifiable if you find: Give if applicable 1. [Name of defendant] was attempting to commit, committing or escaping after the commission of [applicable forcible felony]; or Define applicable forcible felony. Define after paragraph 2 if both paragraphs 1 and 2 are given. 2. [Name of defendant] initially provoked the use of force against me of defendant], unless: (a) The force asserted toward [name of defendant] was so great that [name of defendant] reasonably believed that [name of defendant] was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using force likely to cause death or great bodily harmm to e of assailant]. (b) In good faith, [name of defendant] withdrew from physical contact with [name of assailant and indicated clearly to ] e of assailant] that [name of defendant] wanted to withdraw and stop the use of force likely to cause death or great bodily harm, but [name of assailant continued or resum] ed the use of force. Force in resisting arrest 776.051(1), Fla. Stat. A person is not justified in using force to resist an arrest by a law enforcement officer who is known, or reasonably appears to be a law enforcement officer. Give if applicable rce to mHowever, if an officer uses excessive foake an arrest, then persons are justified in the use of reasonable force to defend themselves or another, but only to the extent they reasonably believe such force is necessary. In some instances, the instructions applicable to 776.012, 776.031, or 776.041, Fla. Stat. may need to be given in connection with this instruction. Read in all cases In deciding whether [name of defendant] was justified in the use of force likely to cause death or great bodily harm, you must judge [name of defendant] by the circumstances by which [name of defendant] was surrounded at the time the force was used. The danger facing [name of defendant] need not have been actual; however, to justify the use of force likely to cause death or great bodily harm, the appearance of <<<<<<<<<********>>>>>>>>>>>>> 3danger must have been so real that a reasonably cautious and prudent person under the same the danger could be circumstances would have believed that avoided only through the use of that force. Based upon appearances, [name of defendant] must have actually believed that the danger was real. Necessity to avoid use of deadly force. Read in all cases [Name of defendant] cannot justify the use of force likely to cause death or great bodily harm unless [name of defendant] used every reasonable means within e of defendant]s power and consistent w[naith me of defendant]s own safety to avoid the danger before resorting to that force. Retreat. Read in all cases The fact that [name of defendant] was wrongfully attacked cannot justify me of defendant]s use of force likely to cause death or great bodily harm if by retreating [name of defendant] could have avoided the need to use that force. However, if e of defendant] was placed in a position of imminent danger of death or great bodily harm and it would have increased [name of defendant]s own danger to retreat, then me of defendant]s use of force likely to cause death or great bodily harm was justifiable. Defense of home Give if applicable If [name of defendant] was attacked in [name of defendant]s own home or on [name of defendant]s own premises, [name of defendant] had no duty to retreat and had the lawful right to stand his/her ground and meet force with force, even to the extent of using force likely to cause death or great bodily harm if it was necessary to prevent: [death or great bodily harm to [name of defendant] or another.] [the commission of a forcible felony.] Define felony Defense of home against co-occupant If [name of defendant] was attacked in [name of defendant]s own home, or on [name of defendant]s own premises, by a co-occupant [or any other person lawfully on the premr person lawfully on ises], [name of defendant] had a duty to retreat within the residence to the extent me of defendant]s own danger of death or great bodily harm. However, [name of defendant] was not required to flee the home and had the lawful right to stand [name of defendant]s ground and meet force with force even to the <<<<<<<<<********>>>>>>>>>>>>> 4extent of using force likely to cause death or great bodily harm if it was necessary to prevent [name of defendant]s death or great bodily harm. Prior threats. Give if applicable If you find that [name of defendant], who because of threats or prior difficulties with [name of victim], had reasonable grounds to believe that [name of defendant] was in danger of death or great bodily me me of harm at the hands of [name hims