Wis JI-Civil 2006

(Defendant) claims that any injury to (plaintiff) was inflicted by (defendant) in

self-defense.

“Self-defense” is the right to defend one’s person by the use of whatever force is

reasonably necessary under the circumstances.

If (defendant) reasonably believed that (his) (her) life was in danger or that (he) (she)

was likely to suffer bodily harm, then (defendant) had a right to defend (himself) (herself)

by the use of force as under the circumstances (he) (she) reasonably believed was

necessary. (Defendant), who alleges that (he) (she) acted in self-defense, has the burden of

proof to satisfy you by the greater weight of the credible evidence, to a reasonable certainty,

that (he) (she) reasonably believed that the use of some force was necessary to prevent

injury and also that the amount of force used by (defendant) was reasonable under the

circumstances.

A belief may be reasonable even though mistaken. In determining whether the

defendant’s beliefs were reasonable, the standard is what a person of ordinary intelligence

and prudence would have believed in the defendant’s position under the circumstances that

existed at the time of the alleged offense. The reasonableness of the defendant’s beliefs

must be determined from the standpoint of the defendant at the time of the defendant’s acts

and not from the viewpoint of the jury now.

In determining whether the force used by (defendant) was reasonably necessary, you

may consider the actions of (plaintiff), the force or threat of force used by (plaintiff), the

amount of force used by (defendant), the means or instrument by which the force was

applied, as well as the relative strength and size of (plaintiff) and (defendant).

If you determine that the (defendant) acted in self-defense, then you should answer

“Yes” to Question No. _____, if you are required to answer that question.

SPECIAL VERDICT

Question No. 1.

Did (defendant) commit a battery on (plaintiff) on [date of alleged battery]?

Answer: _______________

Yes or No

If you answered “Yes” to Question No. 1, then answer Question No. 2.

Question No. 2.

Was the battery a cause of (plaintiff)’s injuries?

Answer: _______________

Yes or No

If you answered “Yes” to Question No. 2, then answer Question No. 3.

Question No. 3.

Did (defendant) act in self-defense when (he) (she) struck (plaintiff) on [date of alleged

battery]?

Answer: _______________

Yes or No