MO 406.14 JUSTIFICATION: USE OF FORCE BY LAW ENFORCEMENT OFFICER

MO 406.14 JUSTIFICATION: USE OF FORCE BY LAW ENFORCEMENT OFFICER

State: Missouri

Missouri Approved Instructions–Criminal (MAI-CR) 4th

406.14 JUSTIFICATION: USE OF FORCE BY LAW ENFORCEMENT OFFICER

PART A – GENERAL INSTRUCTIONS

One of the issues (as to Count ______) (in this case) is whether the use of force by the defendant against [name of victim] was lawful. In this state, the use of force (including the use of deadly force) by a law enforcement officer in making an arrest or in preventing escape after arrest is lawful in certain situations.

[Use the material in [1] in ALL cases. Omit brackets and number.]

[1] A law enforcement officer can lawfully use force to make an arrest or to prevent escape if he is making a lawful arrest or an arrest which he reasonably believes to be lawful. An arrest is lawful if the officer (reasonably believes that the person being arrested (has committed) (or) (is committing) an offense) (is executing an arrest warrant which he believes to be valid).

In making a lawful arrest or preventing escape after such an arrest, a law enforcement officer is entitled to use such force as reasonably appears necessary to effect the arrest or prevent the escape.

A law enforcement officer in making an arrest need not retreat or desist from his efforts because of resistance or threatened resistance by the person being arrested.

[Use the material in [2] ONLY if there is evidence the defendant used deadly force. Omit brackets and number.]

[2] But in making an arrest or preventing escape, a law enforcement officer is not entitled to use deadly force, that is, force which he knows will create a substantial risk of causing death or serious physical injury, unless he reasonably believes that the person being arrested is attempting to escape by use of a deadly weapon or that the person may endanger life or inflict serious physical injury unless arrested without delay.

And, even then, a law enforcement officer may use deadly force only if he reasonably believes the use of such force is immediately necessary to effect the arrest or prevent the escape.

[Use the material in [3] in ALL cases. Omit brackets and number.]

[3] As used in this instruction, the term “reasonably

believe” means a belief based on reasonable grounds, that is, grounds which could lead a reasonable person in the same situation to the same belief. This depends upon how the facts reasonably appeared. It does not depend upon whether the belief turned out to be true or false.

PART B – SPECIFIC INSTRUCTIONS

On the issue of use of force by a law enforcement officer (as to Count ______) (in this case), you are instructed as follows: [Select the appropriate paragraphs. Omit brackets and number.]

[The material in [1], [1A] and [1B] should be used as follows: The material after [1] will be used in all cases. As to the material in [1A] and [1B]: If there is no evidence that the force used was deadly, use [1A] only, and do not use the term “non-deadly.” If there is evidence that deadly force was used and there is no dispute as to that issue, use [1B] only. If it is disputed whether the level of force used was deadly or non-deadly, use both [1A] and [1B]. Use the words “or if” at the end of [1A] only if both [1A] and [1B] are used. Omit brackets and number and bracketed letters.]

[1] First, if the defendant was a law enforcement officer (making) (or) (attempting to make) a lawful arrest (or what he reasonably believed to be a lawful arrest) of [name of victim] for the offense of [name of offense] and the defendant reasonably believed that use of force was necessary to effect the arrest or to prevent the escape of [name of victim], and

[1A] Second, if he used only such (non-deadly) force as he reasonably believed to be necessary to effect the arrest or prevent the escape of [name of victim], then his use of force was lawful(.) (, or if)

[1B] (Second) (Third), the defendant reasonably believed that [name of victim] (was attempting to escape by the use of a deadly weapon) (or) (would endanger life or inflict serious physical injury unless arrested without delay), and the defendant reasonably believed that the use of deadly force was immediately necessary to effect the arrest of [name of victim], then the defendant’s use of deadly force was lawful.

[The material in [2] must be used in ALL cases. Omit brackets and number.]

[2] The state has the burden of proving beyond a reasonable doubt that the defendant was not entitled to use force as a law enforcement officer. Unless you find beyond a reasonable doubt that the defendant was not entitled to use force as a law enforcement officer against [name of victim], you must find the defendant not guilty (under Count ______).

[If the term “serious physical injury” is used in this instruction, then the following paragraph defining that term must be used. Omit brackets and number.]

[3] As used in this instruction, the term “serious physical injury” means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

 

(v. 7-1-17)

By | 2018-05-01T07:02:22+00:00 April 30th, 2018|Comments Off on MO 406.14 JUSTIFICATION: USE OF FORCE BY LAW ENFORCEMENT OFFICER