Appendix 9

Michigan Standard Jury Instructions Use of Deadly Force to Protect Others ยง 7.21


CJI2d 7.21

Defense of Others - Deadly Force


(1) The defendant claims the [he/she] acted lawfully to defend________________. A person has the right to use force or even take a life to defend someone else under certain circumstances. If a person acts in lawful defense of another, [his/her] actions are excused and [he/she] is not guilty of any crime.


(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful defense of another. Remember to judge the defendant's conduct according to how the circumstances appeared to [him/her] at the time [he/she} acted.


(3) First, when [he/she] acted, the defendant must have honestly and reasonably believed that ______________ was in danger of being [killed / seriously injured / forcibly sexually penetrated]. If [his/her] belief was honest and reasonable, [he/she] could act at once to defend ___________, even if it turns out later that the defendant was wrong about how much danger _______________ was in.


(4) Second, if the defendant was only afraid that ___________________ would receive a minor injury, then[he/she] was not justified in killing or seriously injuring the attacker. The defendant must have been afraid that ______________ would be [killed / seriously physically injured / forcibly sexually penetrated]. When you decide if [he/she] was so afraid, you should consider all the circumstances: [the conditions of the people involved, including their relative strength / whether the other person was armed with a dangerous weapon or had some other means of injuring ___________ / the nature of the other person's attack or threat / whether the defendant knew about any previous violent acts or threats made by the attacker].