KY KIJ-Cr §11.07 Self-Protection (Or Other Justification); Homicide (Complete Instructions)
KENTUCKY INSTRUCTIONS TO JURIES—CRIMINAL (KIJ-Cr 2013)
CHAPTER 11. DEFENSES
Part 2. Justification
KIJ-Cr §11.07 Self-Protection (Or Other Justification); Homicide (Complete Instructions)
INSTRUCTION No. 1
PRESUMPTION OF INNOCENCE
A. The law presumes a defendant to be innocent of a crime and the Indictment shall not be considered as evidence or as having any weight against him. You shall find the Defendant not guilty unless you are satisfied from the evidence alone and beyond a reasonable doubt that he is guilty. If upon the whole case you have a reasonable doubt that he is guilty, you shall find him not guilty.
B. If you believe from the evidence beyond a reasonable doubt that the Defendant would be guilty of intentional Murder under Instruction No. 5 except that you have a reasonable doubt as to whether at the time he killed (victim), he was or was not acting under the influence of extreme emotional disturbance, you shall not find the Defendant guilty of Murder under Instruction 5, but shall find him guilty of First-Degree Manslaughter under Instruction 6.
INSTRUCTION No. 2 RIGHT TO REMAIN SILENT
A defendant is not compelled to testify and the fact that the Defendant did not testify in this case cannot be used as an inference of guilt and should not prejudice him in any way.
INSTRUCTION No. 3 DEFINITIONS
Serious Physical Injury: See §3.09
Physical Force: See §6.01
Deadly Physical Force: See §11.02
INSTRUCTION No. 4 SELF-PROTECTION (OR OTHER JUSTIFICATION)
[A.] If at the time an individual, including the Defendant, uses physical force upon another person he believes that person was then and there about to use physical force upon him, he is privileged to use such physical force against that person as he believes to be necessary in order to protect himself against it, including the right to use deadly physical force but only if:
[1.] He believed deadly physical force to be necessary to protect himself from death or serious physical injury [or the threat of robbery (or ID other violent felony)]
[2.] The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcible entered a dwelling; unless you believe beyond a table doubt that the defendant was engaged in an unlawful activity or was using the dwelling, to further an unlawful activity.]
[B.] A person who is not engaged in an unlawful activity and who is attacked in place where he has a right o be has no duty to retreat, and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.
INSTRUCTION No. 5 MURDER
You will find the Defendant guilty of Murder under this Instruction if, and only if, you believe from the evidence beyond a reasonable doubt all of the following:
A. That in this county on or about (date) and before the finding of the Indictment herein, he killed (victim) by (method);
B. That in so doing:
(1) He caused the death of (victim) intentionally and not while acting under the influence of extreme emotional disturbance;
(2) He was wantonly engaging in conduct which created a grave risk of death to another and thereby caused the death (victim) under circumstances manifesting an extreme indifference to human life.
C. That he was not privileged to act in self-protection.