Miscellaneous Defenses

The committee has prepared instructions for each of these miscellaneous defenses.  Some of these defenses are also cross-listed in connection with the associated crime.  No reporter’s notes are available for most of these instructions.

CR07-201.  Corporal Punishment (as a defense to assault) (09/22/03)

CR07-251.  Safe Release (as a defense to kidnapping) (06/18/03)

CR07-701.  Lack of Intent (as a defense to DUI) (09/22/03)

CR07-801.  Reasonable Stop (as a defense to eluding a police officer) (09/08/20)

CR07-821.  Inability to Carry Out Threat (as a defense to criminal threatening) (01/11/21). Note that it is an affirmative defense to a charge of criminal threatening that the defendant “did not have the ability to carry out the threat.” 13 V.S.A. § 1702(f). The defendant has the burden to prove the affirmative defense by a preponderance of the evidence. Id.