AZ RAJI4th 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

AZ RAJI4th 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

State: Arizona

Revised Arizona Jury Instruction (RAJI 4th)

AZ RAJI4th 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement

A defendant was justified in threatening deadly physical force against another if:

  1. The defendant was [making an arrest or detention] [assisting in making an arrest or detention] [preventing the escape after arrest or detention] [assisting in preventing the escape after arrest or detention] of another person; and
  2. A reasonable person would have believed that threatening deadly physical force was immediately necessary [to effect the arrest or detention] [to prevent the escape]; and
  3. [The defendant made known to the other person the purpose of the arrest or detention] [The defendant believed that the other person knew the purpose of the arrest or detention] [The defendant could not have reasonably made known to the person to be arrested or detained, the purpose of the arrest or detention]; and
  4. A reasonable person effecting the arrest or detention would have believed that the arrest or detention was lawful; and
  5. A reasonable person effecting the arrest or detention would have believed that the person [being arrested] [escaping] was:

[Actually resisting the discharge of a legal duty with deadly physical force.]

[Actually resisting the discharge of a legal duty with the apparent capacity to use deadly physical force.]

[A felon who had escaped from lawful confinement.]

[A felon who was fleeing from justice.]

[A felon who was resisting arrest with physical force.]

A person is justified in threatening deadly physical force only while the [flight] [escape] [resisting] continues, and the justification ends when the [flight] [escape] [resisting] ends.

You must measure the defendant’s belief against what a reasonable person in the situation would have believed.

The State has the burden of proving beyond a reasonable doubt that the defendant did not act with such justification. If the State fails to carry this burden, then you must find the defendant not guilty of the charge.

By | 2018-02-26T08:02:55+00:00 January 14th, 2013|Comments Off on AZ RAJI4th 4.10(1) − Justification for Threatened Deadly Physical Force in Law Enforcement