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 VOLUME 11 - CHAPTER 253
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253.4 Self Defense, Defense Of Others, Defense Of Property -- Complete

    253.4.12 Consideration Of Great Bodily Injury

    253.4.12.1 Definition Of Great Bodily Injury
    253.4.12.2 Self Defense: Error To Instruct That Great Bodily Injury Requires More Than Ordinary Striking Of The Hands Or Fists

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 VOLUME 11 - CHAPTER 253

    253.4.12.1    Definition Of Great Bodily Injury

RATIONALE: The terms "great bodily injury" and "serious bodily injury" may not be fully understood by lay jurors. Hence, these terms should be defined when used in instructions regarding the principles of self defense.

POINTS AND AUTHORITIES: Many pattern instructions explain the rules of self defense by reference to the terms "serious bodily injury" or "great bodily injury" without defining those terms. (See e.g., CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 5.12 [Justifiable Homicide In Self Defense] 5.16 [Forcible And Atrocious Crime–Defined] (West, 6th Ed. 1996).)

    Because such terms have a technical meaning peculiar to the law, they should be defined even without a request. (See e.g., FORECITE National™ 3.2.6 [Duty To Define Terms with Specialized/Technical Meaning]; see also People v. Reed (CO 1984) 695 P2d 806, 808 [definition of "serious bodily injury"].)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 3.5; 4.1].

See generally, FORECITE National™ 305.19.1 [Self Defense].

See also generally, FORECITE National™ 305.7.2 [Great Bodily Injury].

See generally, FORECITE National™ 253.4.1.20 [Self Defense: Federal Model Instructions].

    Serious bodily injury involves substantial, grievous pain or wounding.  It is a more severe injury than would ordinarily result from a blow with a fist.

[See  LaFave & Scott, Substantive Criminal Law (West, 1986) § 7.15(d) (2d ed. 1986); see also Hubbard, JURY INSTRUCTIONS FOR CRIMINAL CASES IN SOUTH CAROLINA: DEFENDANTS REQUESTED INSTRUCTIONS II(B) inst. 9 [ABHAN - Serious Bodily Harm As Aggravating Circumstance] page 129, ¶ 5, sent. 2 (South Carolina CLE, 1994).]

    Great bodily injury means significant or substantial physical injury.

[See People v. Armstrong (CA 1992) 8 CA4th 1060, 1066 [10 CR2d 839]; People v. Covino (CA 1980) 100 CA3d 660, 667 [161 CR 155]; cf. CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 9.02 [Assault With Deadly Weapon Or By Means Of Force] (West, 6th Ed. 1996).]

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 11 - CHAPTER 253

PRACTICE NOTE: See State v. Painter (WA 1980) 620 P2d 1001, 1004 [it is well within the realm of common experience that "an ordinary striking with the hands or fists" might inflict serious injury, depending upon the size, strength, age, and numerous other factors of the individuals involved].

See generally, FORECITE National™ 305.19.1 [Self Defense].

See also generally, FORECITE National™ 305.7.2 [Great Bodily Injury].

See generally, FORECITE National™ 253.4.1.20 [Self Defense: Federal Model Instructions].