Proposed Mississippi Plain Language Model Jury Instructions - Criminal 2610

[Name of defendant] is charged in count ___ with simple assault on [a/an] ____________

[specify law enforcement officer or other official listed in § 97-3-7].

If you find beyond a reasonable doubt from the evidence in this case that:

1. On or about [date of alleged crime], in ____________ County;

2. [Name of defendant] negligently and unlawfully [injured/caused bodily injury to] [name of

victim] by using a deadly weapon to ______________________ [describe defendant’s alleged

actions]; and

3. When [name of defendant] negligently and unlawfully [injured/caused bodily injury to] [name

of victim], [name of victim] was [a/an] ________________ [specify law enforcement officer or

other official listed in § 97-3-7] acting within the scope of [his/her] [duty/duties] as [a/an]

________________ [specify law enforcement officer or other official listed in § 97-3-7]; and

4. [Name of defendant] knew that [name of victim] was [a/an] __________________ [specify

law enforcement officer or other official listed in § 97-3-7] acting within the scope of [his/her]

[duty/duties] as [a/an] ________________ [specify law enforcement officer or other official

listed in § 97-3-7],

then you shall find [name of defendant] guilty as charged.

If the State did not prove any one of the above listed elements beyond a reasonable doubt,

then you shall find [name of defendant] not guilty of count ___.

Definition(s) in this Instruction -

In this instruction, “negligently” means doing something that a reasonably careful person

would not do under similar circumstances or failing to do something that a reasonably careful

person would do under similar circumstances.

In this instruction, “deadly weapon” means an object, article, or means which, when used

as a weapon under the existing circumstances, is reasonably capable or likely to produce death or

serious bodily harm to another person.