US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Criminal) 5.9
Justification (Legal Excuse)
The defendant contends that [his] [her] conduct was justified. Justification legally excuses the crime charged.
The defendant must prove justification by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable doubt each element of [specify crime charged].
A defendant’s conduct was justified only if at the time of the crime charged:
First, the defendant was under an unlawful and present threat of death or serious bodily injury;
Second, the defendant did not recklessly place [himself] [herself] in a situation where [he] [she] would be forced to engage in criminal conduct;
Third, the defendant had no reasonable legal alternative; and
Fourth, there was a direct causal relationship between the conduct and avoiding the threatened harm.
If you find that each of these things has been proved by a preponderance of the evidence, you must find the defendant not guilty.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
78eaf246824d3ec42fcb1767a91f5d0e0362372e480c721f72feddb14b96e96f
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