The following instructions explain the theory of defense of another.<\/p>\n
Reporter’s Note:\u00a0 <\/em><\/p>\n The committee notes that \u201cdefense of another\u201d provides justification for a homicide only if the necessary relationship exists.\u00a0 See 13 V.S.A. \u00a7 2305(1).<\/p>\n The instruction for self-defense, and defense of another, CR07-121, derives from the trial court\u2019s instructions in State v. Verrinder<\/span>, 161 Vt. 250 (1993).\u00a0 However, these instructions have been shortened significantly.\u00a0 One of the changes is to eliminate an instruction on duty to retreat.\u00a0 In State v. Hatcher<\/span>, 167 Vt. 338 (1997), the trial court instructed the jury that if the defendant honestly and reasonably believed \u201cit was immediately necessary to use deadly force to protect himself from an imminent threat of death or bodily injury, the law does not require him to retreat.\u201d\u00a0 Id<\/span>. at 348.<\/p>\n","protected":false},"excerpt":{"rendered":" The following instructions explain the theory of defense of another. CR07-106.\u00a0 Defense of Another\u00a0 (11\/09\/07)\u00a0 CR07-091.\u00a0 The Aggressor and Defense of Another\u00a0 (06\/16\/03) CR07-116.\u00a0 Use of Deadly Force in Defense of Another (11\/09\/07)\u00a0 CR07-121.\u00a0 Use of Deadly Force in Self … Continue reading