M Civ JI 174.11 Felonious and Intentional Killing: Self-Defense - Definition

The killing was in self-defense if, at the time of the act, all of the following existed:

(a) [ Name of respondent] honestly and reasonably believed that [ he I she] was in danger of being killed or receiving serious bodily harm.

(b) Respondent honestly and reasonably believed that the use of force was immediately necessary to defend [ himself/ herself] from this danger.

(c) Respondent used only the amount of force that appeared to [ him / her ] necessary at the time to defend [ himself/ herself] from this danger.

Although [ he I she ] may have been mistaken as to the extent of the actual danger, [ he I she ] is to be judged by the circumstances as they appeared to [ him/ her ] at the time of the act.

*(The law requires a person to avoid using deadly force if [ he I she ] can safely do so. The respondent was required to retreat if it appeared to [him/ her] safe to do so. However, the respondent was not required to retreat if it did not appear to [him/ her] safe to do so.)

*(The respondent was not required to retreat if [ name of decedent ] [ assaulted the respondent in the respondent's own home/ forcibly entered the home of the respondent].)

*(A person who begins an assault upon another [ with deadly force/ with a dangerous or deadly weapon ] cannot claim the right of self-defense. However, if [ he / she ] has withdrawn from the fight in good faith and clearly informed the other person of [ his / her ] desire for peace and an end to the fight, and the other person continues the assault or resumes it at a later time, the respondent has the same rights of self-defense as any other person and is justified in using force to save [ himself/ herself] from imminent bodily harm.)

*(A person who [ assaults another with fists or a nondeadly weapon/ insults another with words/ trespasses upon another's property/ attempts to take another's property in a nonviolent manner ] does not lose [ his / her ] right of self-defense by such actions and, if assaulted with a deadly weapon, may lawfully act in self-defense.)

Note on Use

*These paragraphs should be used only if applicable to the facts of the case.

This instruction should be inserted in the second section a of M Civ JI 174.02 if applicable.

Comment

See People v Heflin (People v Landrum), 434 Mich 482, 502-503; 456 NW2d 10 (1990). See also the Commentary to CJI2d 7.15 Use of Deadly Force in Self-Defense; CJI2d 7.16 Conditions for Using Force or Deadly Force; CJI2d 7.17 No Duty to Retreat While in Own Dwelling; and CJI2d 7.18 Deadly Aggressor-Withdrawal.

The October 2023 amendments reflect the combination of M Crim JI 7.16 and 7.19 and name change to M Crim JI 7.16.

History

M Civ JI 174.11 was added February 1986. Amended December 2002, October 2023.