Self-Defense (MPJI-Cr 5:07)
Self-defense is a defense, and the defendant must be found not guilty if all of the following three factors are present:
1) The defendant actually believed that <he> <she> was in immediate and imminent danger of bodily harm.
2) The defendant's belief was reasonable.
3) The defendant used no more force than was reasonably necessary to defend <himself> <herself> in light of the threatenend or actual harm.
<Deadly-force is that amount of force reasonably calculated to cause death or serious bodily harm. If the defendant is found to have used deadly-force, it must be decided whether the use of deadly-force was reasonable. Deadly-force is reasonable if the defendant actually had a reasonable belief that the aggressor's force was or would be deadly and that the defendant needed a deadly-force response.>
<In addition, before using deadly-force, the defendant is required to make all reasonable effort to retreat. The defendant does not have to retreat if the defendant was in <his> <her> home, retreat was unsafe, the avenue of retreat was unknown to the defendant, the defendant was being robbed, the defendant was lawfully arresting the victim. If the defendant was found to have not used deadly-force, then the defendant had no duty to retreat.>
Defense of Others (MPJO-Cr 5:01)
Defense of others is a defense, and the defendent must be found not guilty if all of the following four factors are present:
1) The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm.
2) The defendant's belief was reasonable.
3) The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force.
4) The defendant's purpose in using force was to aid the person defended.
Defense of Habitation - Deadly Force (MPJI-Cr 5:02)
Defense of one's home is a defense, and the defendant must be found not guilty if all of the following three factors are present:
1) The defendant actually believed that (victim) was committing <was just about to commit> the crime of (crime) in <at> the defendant's home.
2) The defendant's belief was reasonable.
3) The defendant used no more force than was reasonably necessary to defend against the conduct of (victim).
Defense of Property - Nondeadly Force (MPJI-Cr 5:02.1)
Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present:
1) The defendant actually believed that (victim) was unlawfuly interfering <was just about to unlawfully interfere> with property.
2) The defendant's belief was reasonable.
3) The defendant used no more force than was reasonably necessary to defend against the victim's interference with the property. <A person may not use deadly force to defend <his> <her> property. Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm.>
