N.J. Model Criminal Jury Charge, N.J.S.A. 2C:3-7a

Approved 1/18/83

USE OF FORCE IN LAW ENFORCEMENT

(N.J.S.A. 2C:3-7a)

The defendant contends that he/she is not guilty of the crime of

because the force he/she used was for the purpose of effecting an arrest.

Our statute N.J.S.A. 2C:3-7a provides in pertinent part:

.....the use of force upon or toward th e person of another is justifiable

when the actor is making or assistin g in making an arrest and the actor

reasonably believes that such force is immediately necessary to effect a

lawful arrest.

In determining whether the defendant's (name) actions in this case meet the requirements

of the statute, you must decide the following issues:

(1) Was defendant making or assisting in making an arrest when he/she used

force against the person of another?

(2) Did the defendant (name) reasonably believe that the force he/she used in

making or assisting in making the a rrest was immediatel y necessary to

make the arrest?

(3) Was the arrest lawful?

To answer these questions you must determine from the evidence of this case whether

from the totality of the circumstances the defe ndant's beliefs were r easonable. A reasonable

belief is one which a reasonable person of ordinary intelligence and prud ence in the position of

the defendant would have under the circumstances ex isting at the time of the alleged offense.

Thus, a reasonable belief is one which the ordinary person would have when confronted with the

same circumstances with which the defendant was faced in this case. The use of force is not

justified by reason of this defens e unless a reasonable person woul d have reacted with the same

amount or level of force as used by the defendant herein, operating under the belief that the force

was immediately necessary to effect a lawful arrest. If a defendant's belief is reasonable, he/she

cannot be found to have acted in a reckless or criminally negligent manner.

The fact that defendant's belief may have been erroneous does not deprive the defendant

USE OF FORCE IN LAW ENFORCEMENT

(N.J.S.A. 2C:3-7a)

of his/her privilege to use force to effect a lawful a rrest if you find that a reasonable person

would have held the same belief under the circumstances with wh ich the defendant was faced at

the time of his/her actions. Therefore, your determination of whether the defendant reasonably

believed that the amount of force used was i mmediately necessary and not excessive under the

circumstances must be made from the standpoint of the defendant at the time of his/her acts and

not from your viewpoint as jurors now looking at his/her acts.

The statute requires that the force used was necessary to effect a "lawful arrest." An

arrest, as that term is used in criminal law, si gnifies the apprehension or detention of the person

of another in order that he/she may be forthcoming to answer for an alleged or supposed crime.

In order for the arrest to be lawful, there must exist within the arresting officer's knowledge facts

sufficient to warrant a prudent person in believing that the person arrested had committed or was

committing a criminal offense. In other words, there must at least be a well-grounded suspicion

that a criminal offense has been or is being committed.

The burden is upon the State to prove beyond a reasonable doubt that the defense of

justifiable conduct is untrue, and hence there must be an acquittal if there is a reasonable doubt

as to whether the defendant did act justifiably within the definition of that defense as just

instructed.