CO · jury_instructions
COLJI-Crim. H:23
USE OF PHYSICAL FORCE IN MAKING AN ARREST OR IN PREVENTING AN ESCAPE (PRIVATE PERSON, ACTING ON HIS OR HER OWN)
The evidence presented in this case has raised the affirmative defense
of “physical force in [making an arrest] [preventing an escape],” as a
defense to [insert name(s) of offense(s)].
The defendant was legally authorized to use physical force upon
another person if:
1. he [she] used reasonable and appropriate physical force upon
another person when and to the extent that he [she] reasonably
believed it was necessary:
[to make an arrest, for an offense that [had been] [was being]
committed by the other person in the defendant’s presence.]
[to prevent the escape from custody of an arrested person
whom the defendant had arrested for committing an offense in
his [her] presence.]
The prosecution has the burden to prove, beyond a reasonable doubt,
that the defendant’s conduct was not legally authorized by this defense. In
order to meet this burden of proof, the prosecution must disprove, beyond
a reasonable doubt, the above numbered condition.
After considering all the evidence, if you decide the prosecution has
failed to meet this burden of proof, then the prosecution has failed to prove
the defendant’s conduct was not legally authorized by this defense, which
is an essential element of [insert name(s) of offense(s)]. In that event, you
must return a verdict of not guilty of [that] [those] offense[s].
After considering all the evidence, if you decide the prosecution has
met this burden of proof, then the prosecution has proved the defendant’s
conduct was not legally authorized by this defense. In that event, your
verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must
depend upon your determination whether the prosecution has met its
burden of proof with respect to the remaining elements of [that] [those]
offense[s].
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
9d0788828431ac42530bfc796b2b512c8e48bb5ba3e77c5cd8e4311543c67408
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