AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.41.110(a)(6) (Affirmative Defense to Second Degree Murder under AS 11.41.110(a)(6))
Affirmative Defense to Second Degree Murder under AS 11.41.110(a)(6)
The defendant has raised an affirmative defense to the charge of murder in the second degree as charged in Count[s] _____. The burden is on the defendant to prove this defense by a preponderance of the evidence. “Preponderance of the evidence” means more likely true than not true, which is a lower standard than “beyond a reasonable doubt.” To establish this defense, the defendant must prove each of the following elements by a preponderance of the evidence:
(1) the defendant sought, in good faith, medical or law enforcement assistance for the other person;
(2) the defendant remained at the scene with the other person until medical or law enforcement assistance arrived;
(3) the defendant cooperated with medical or law enforcement personnel, including by providing information; and
(4) the offense involved small quantities of a controlled substance that were not delivered for a profit.
If you find that the state has proved beyond a reasonable doubt each of the elements of murder in the second degree as set forth in Instruction No. _____ and you also find that the defendant has proved the affirmative defense by a preponderance of the evidence, then you must indicate on the verdict form that the defendant is guilty and the affirmative defense applies.
History
Alaska Criminal Pattern Jury Instructions 11.41.110(a)(6), dated Added 2025. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
3152d4575cb342e8ab8c97bf2a30c225fdc66c61b76090fcecd2c44bd985b0b8
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