trialdex ™ jury instructions

Tenth Circuit revises its self-defense instructions

The Tenth Circuit has revised its Criminal Pattern Jury Instructions regarding self-defense.

• The last two paragraphs of Instruction 1.28 used to read:

  Either, the defendant did not act in [self-defense] [defense of another],

  Or, it was not reasonable for the defendant to think that the force he used was necessary to defend [himself] [another person] against an immediate threat.

  They now read:

  Either, the defendant did not act upon a reasonable belief that [he] [another] faced imminent danger of death or great bodily harm;

  Or, it was not reasonable for the defendant to think that the force he used was necessary to defend [himself] [another person] against death or great bodily harm.

• Instruction 1.28.1 (Similar Acts - Self Defense) is new, and former Instruction 1.28.1 (Imperfect Self - Defense) is renumbered to 1.28.2.

(03/25/26) (permalink)