Model Jury Instructions on Homicide: IX. Appendix

Part IX of the Model Jury Instructions on Homicide

Chalk: Requirements of proof for homicide

I.   MURDER IN THE FIRST DEGREE    

A. Murder with Deliberate Premeditation

1. The defendant caused the death of [name of victim].
2. The defendant intended to kill.
3. The defendant committed the killing with deliberate premeditation.
4. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.
5. [Where there is evidence of mitigating circumstances]  There were no mitigating circumstances.

B. Murder with Extreme Atrocity or Cruelty

1. The defendant caused the death of [name of victim].
2. The defendant either:
   1. intended to kill; or
   2. intended to cause grievous bodily harm; or
   3. intended to do an act which, in the circumstances known to him, a reasonable person would have known created a plain and strong likelihood that death would result.
3. The killing was committed with extreme atrocity or cruelty.
4. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.
5. [Where there is evidence of mitigating circumstances]  There were no mitigating circumstances.

C.   Felony-Murder

1. The defendant committed or attempted to commit [name of crime], a felony with a maximum sentence of life imprisonment.
2. The killing was caused by an act of the defendant [or a person participating with the defendant] in the commission or attempted commission of the underlying felony.
3. The act that caused the killing occurred during the commission or attempted commission of the felony.          
4. The defendant either:          
   1. intended to kill; or
   2. intended to cause grievous bodily harm; or 
   3. intended to do an act which, in the circumstances known to him, a reasonable person would have known created a plain and strong likelihood that death would result.
5. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.
6. [Where there is evidence of mitigating circumstances] There were no mitigating circumstances. 

II.  MURDER IN THE SECOND DEGREE                                                            

A.   Murder

1. The defendant caused the death of [name of victim].
2. The defendant either:
   1. intended to kill; or 
   2. intended to cause grievous bodily harm; or
   3. intended to do an act which, in the circumstances known to him, a reasonable person would have known created a plain and strong likelihood that death would result.
3. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.
4. [Where there is evidence of mitigating circumstances]  There were no mitigating circumstances.                            

III. VOLUNTARY MANSLAUGHTER

A.   Voluntary Manslaughter as a Lesser Included Offense

1. The defendant caused the death of [name of victim].                                              
2. The defendant either:
   1. intended to kill; or 
   2. intended to cause grievous bodily harm; or
   3. intended to do an act which, in the circumstances known to him, a reasonable person would have known created a plain and strong likelihood that death would result.
3. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.

B.  Voluntary Manslaughter Absent a Murder Charge

1. The defendant intentionally inflicted an injury or injuries on [name of victim] likely to cause death.
2. The defendant caused the death of [name of victim].
3. [Where there is evidence of self-defense or defense of another]  The defendant did not act in proper self-defense or in the proper defense of another.

IV.  INVOLUNTARY MANSLAUGHTER

A.   Death Caused by Wanton or Reckless Conduct

1. The defendant caused the death of [name of victim].
2. The defendant intended the conduct that caused the death of [name of victim].
3. The defendant's conduct was wanton or reckless.
4. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.

B.   Death Caused by Wanton or Reckless Failure to Act    

1. There was a special relationship between the defendant and [name of victim] which gave rise to a duty of care, or the defendant created a situation that posed a grave risk of death or serious injury to another.
2. The defendant's failure to act caused the death of [name of victim]. 
3. The defendant intentionally failed to act.                             
4. The defendant's failure to act was wanton or reckless.

C.   Death Unintentionally Caused by a Battery

1. The defendant caused the death of [name of victim].
2. The defendant intentionally committed a battery upon [name of victim] that endangered human life.
3. The defendant knew or reasonably should have known that the battery endangered human life.
4. [Where there is evidence of self-defense or defense of another] The defendant did not act in proper self-defense or in the proper defense of another.

Additional Resources

Model Jury Instructions on Homicide - Revised April 2018 (PDF)

Model Jury Instructions on Homicide - Revised April 2018 (Word .docx)

Date published:	April 25, 2018