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 VOLUME 11 - CHAPTER 255
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255.4 Self Defense, Partial Or Imperfect

    255.4.3 Imperfect Self Defense: Burden Of Proof

    255.4.3.1 Imperfect Self Defense: Prosecution's Burden Of Proof

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 11 - CHAPTER 255

RATIONALE: Without an explanatory instruction the jury may improperly assume that the defendant has the burden of proving imperfect self defense.

POINTS AND AUTHORITIES: In situations where imperfect self defense serves to negate the malice element of the murder allegation, the prosecution should be required to disprove imperfect self defense beyond a reasonable doubt. (See People v. Reddick (IL 1988) 526 NE2d 141, 146 [applying old Illinois statute]; PENNSYLVANIA SUGGESTED STANDARD CRIMINAL JURY INSTRUCTIONS, Pa. SSJI (crim) 15.2503A, note [Voluntary Manslaughter-Murder In Issue] p. 2, 3 (Pennsylvania Bar Institute, PBI Press, 12/88).) On the other hand, if imperfect self defense is a statutory defense then the defendant may be required to bear the burden of proving the defense. (See People v. Jeffries (IL 1995) 646 NE2d 587, 592-94 [applying new Illinois statute].)

    See also FORECITE National™ 250.4.4 [Defense Theory Which Negates Element Of The Offense: No Burden Of Proof On The Defendant].

    See also FORECITE National™ 253.4.3 [Burden Of Proof].

    The defendant does not have the burden of proving that [he] [she] honestly believed that the _________________ (e.g., killing) was committed in self defense. It is the prosecution's burden to prove beyond a reasonable doubt that the defendant did not have such an honest belief. If you have a reasonable doubt whether the prosecution met the burden of disproving an honest belief in self defense, you must resolve that doubt in favor of the defendant and find that [he] [she] honestly believed that [he] [she] committed the ___________________ in self defense.

    The defendant does not have the burden of proving that [his] [her] belief in the need to defend was reasonably held. It is the prosecution's burden to prove beyond a reasonable doubt that the belief was unreasonably held.

    If you find that the prosecution has proven beyond a reasonable doubt that the defendant's honest belief was unreasonably held you must find the defendant guilty of manslaughter rather than murder.

    If you have a reasonable doubt whether the defendant's honest belief was unreasonably held you must find the defendant not guilty of murder or manslaughter.

[Source: FORECITE National™.]

    The government has the burden of proving that the defendant did not act in honest but unreasonable self defense. For you to find the defendant guilty of murder, the government must prove that the defendant did not honestly believe the force [he] [she] used was necessary to defend [himself] [herself] against an immediate threat. Unless the government proves this beyond a reasonable doubt, you must not find [him] [her] guilty of murder.

[See 6TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 6.06 [Self Defense] (1991).]