Illinois Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

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FAQ

A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.

Under Illinois law, it is acceptable to use regular force to defend oneself against some type of attack or entry into a property. If the accused is defending himself or another individual, deadly force is appropriate if the accused is trying to prevent serious injury or death.

Self-defense is considered an affirmative defense, which means that even if you have acted in self-defense you must still assert and prove that defense at trial. ing to case law in Illinois, there are a number of facts that you must establish at trial for a jury to be instructed regarding self-defense.

A Castle Doctrine also states that a person has no ?duty of retreat? (avoid the conflict at all cost) when one's home/abode is under attack. The state of Illinois technically speaking does not have a Castle Law. However the state does have self-defense laws in place to protect person and property.

Under Illinois law, it is acceptable to use regular force to defend oneself against some type of attack or entry into a property. If the accused is defending himself or another individual, deadly force is appropriate if the accused is trying to prevent serious injury or death.

Burden of Proof: It is important to note that the burden of proof in a self-defense claim typically falls on the defendant. You must establish, with evidence and testimony, that you reasonably believed the use of force, including deadly force if applicable, was necessary to prevent death or great bodily harm.

The state of Illinois technically speaking does not have a Castle Law. However the state does have self-defense laws in place to protect person and property.

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Illinois Self-Defense