3.6(g). Justifiable Use Of Non Deadly Force

3.6(g) JUSTIFIABLE USE OF NONDEADLY FORCE NOTE TO JUDGE: Since 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 the defendant acted in self-defense. It is a defense to the offense with whic[nah me of defendant] is charged if the [death of] [injury to] [name of victim] resulted from the justifiable use of force not likely to cause death or great bodily harm. In defense of person 776.012, Fla. Stat. [Name of defendant] would be justified in using frce not likely to cause death or o great bodily harm against [name of victim] if the following two facts are proved: Give if applicable 1. [Name of defendant] must have reasonably believed that such conduct was necessary to defend [himself] [herself] [another] against [name of victims ] imminent use of unlawful force against person]]. 2. The use of unlawful force by [name of victim] must have appeared to [name of defendant] ready to take place. In defense of property 776.031, Fla. Stat. [Name of defendant] would be justified in using force not likely to cause death or e of victim great bodily harm against [namee facts are proved: e of victim Give if applicable 1. [Name of victim] must have been trespassing or otherwise wrongfully interfering with land or personal property. e of 2. The land or personal property must have lawfully been in [namssion of a me of ember of [his] [her] immediate family or household, or in the possession of some person whose property [he] [she] was under a legal duty to protect. 3. [Name of defendant] must have reasonably believed that [his] [her] use of force was necessary to prevent or te rminate [name of victim]s wrongful behavior. <<<<<<<<<********>>>>>>>>>>>>> 2 Aggressor 776.041, Fla. Stat. The use of force not 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 a [applicably forcible felony]. Define applicable forcible felony 2. [Name of defendant] initially provoked the use of force against [himself] [herself], unless: (a) The force asserted toward [name of defendant] was so great that [he] [she] reasonably believed that [he] [she] was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using force not likely to cause death or great bodily harm to [name of assailant]. me of defendant (b) In good faith, [name of defendant with [name of assailant] and iname of ndicated clearly to [name of to withdraw and stop the use of force not likely to cause death orme of great bodily harm, but [name of 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 to be or reasonably appears to be a law enforcement officer. Give if applicable rce to mHowever, if an officer uses excessive foake an arrest, then a person is justified in the use of reasonable force to defend [himself] [herself] [or another], but only to the extent [he] [she] reasonably believes such force is necessary. In some instances, the instruction 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 <<<<<<<<<********>>>>>>>>>>>>> 3 In deciding whether [name of defendant] was justified in the use of force not likely to cause death or great bodily harm, you must judge [him] [her] by the circumstances by which [he] [she] was surrounded at the time the force was used. The danger facing [namve been actue of defendant] need not haal; however , to justify the use of force not likely to cause death or great bodily harm, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, [name of defendant] must have actually believed that the danger was real. Reputation of victim. Give if applicable If you find that [namd a reputation of being a violent and e of victim] ha dangerous person and that [his] [her] reputation was known to [name of defendant], you may consider this fact in determher the actions of [namining whet e of defendant] were those of a reasonable person in dealing with an individual of that reputation. Physical abilities. Read in all cases In considering the issue of self-defense, you ma into account the relative y takephysical abilities and capacities of [name of defendant] and [name of victim]. Read in all cases If in your consideration of the issue of self-defense you have a reasonable doubt e of defe on the question of whether or not [name of defelikely to cause death or great bodily harm, you should find [name of defendant] not guilty. However, if from the evidence you are convinced that [name of defendant] was not justified in the use of force not likely to cause death or great bodily harm, then you should find [him] [her] guilty if all the elements of the charge have been proved.