Del. P.J.I. Civ. § 13.6

SELF-DEFENSE WITH DEADLY FORCE

[Defendant’s name] contends is that [he/she] acted in self-defense after being

attacked by [plaintiff’s name]. You may find that [defendant’s name] used deadly

force. “Deadly force” is force used with the purpose of causing death or serious

physical injury or with the knowledge of a substantial risk of causing death or serious

physical injury.

Deadly force by [defendant’s name] is justified if the defendant believed it

was necessary to protect [himself/herself] against death, kidnapping, unlawful

sexual intercourse, or serious physical injury. “Serious physical injury” means

physical injury that creates a substantial risk of death, or that causes serious and

prolonged disfigurement, prolonged impairment of health, or prolonged loss or

impairment of the function of any bodily organ.

The use of deadly force is not justified if the defendant, with the purpose of

causing death or serious physical injury, provoked the use of force in the same

encounter. Nor is deadly force justified when the defendant knows that [he/she] can

avoid the use of deadly force with complete safety by retreating, by surrendering

possession of a thing to a person claiming a right to it, or by complying with a

demand that [he/she] not perform an act that [he/she] is not legally obligated to

perform. But the defendant is under no obligation to retreat in or from [his/her]

dwelling, or in or from [his/her] place of work.

If you find that [defendant’s name] was not acting in self-defense, or that

[his/her] use of deadly force was not justified, you must find in favor of [plaintiff’s

name]. But if you find that [defendant’s name] was acting in self-defense and was

justified in using deadly force, you must find in favor of [defendant’s name].