Wis JI-Criminal 820

INSERT THE FOLLOWING AFTER THE ELEMENTS FOR THE OFFENSE

CHARGED ARE DEFINED.

Self-Defense As To (Name Person)

There is evidence in this case that the defendant was acting in self-defense as to (name

person).3 However, this does not necessarily mean that the unintended infliction of harm

to (name of victim)4 was lawful. This is because self-defense does not apply if the

unintended infliction of harm amounted to the crime of (insert enumerated offense)5.

FOR ALL OFFENSES INVOLVING [CRIMINAL RECKLESSNESS OR

CRIMINAL NEGLIGENCE], ADD THE FOLLOWING:

You should consider the evidence relating to self-defense, along with all other

evidence in this case, in determining whether the defendant’s conduct created an

unreasonable risk of death or great bodily harm to (name of victim).

FOR FIRST DEGREE RECKLESS OFFENSES, ALSO ADD THE

FOLLOWING:

You should also consider the evidence relating to self-defense, along with all other

evidence in this case, in determining whether the defendant’s conduct showed utter

disregard for human life.

Self-Defense

Self-defense requires that:

• the defendant believed that there was an actual or imminent unlawful interference

with the defendant’s person; and,

• the defendant believed that the amount of force (he) (she) used or threatened to

use was necessary to prevent or terminate the interference; and,

• the defendant’s beliefs were reasonable.

ADD THE FOLLOWING IF THERE IS EVIDENCE THAT THE FORCE USED

WAS INTENDED OR LIKELY TO CAUSE DEATH OR GREAT BODILY

HARM.

[The defendant may intentionally use force which is intended or likely to cause death

or great bodily harm only if the defendant reasonably believed that the force used was

necessary to prevent imminent death or great bodily harm to (himself) (herself).]

Determining Whether Beliefs Were Reasonable

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 (his) (her) acts and

not from the viewpoint of the jury now.

CONCLUDE WITH THE CONCLUDING PARAGRAPHS FROM THE

INSTRUCTION FOR THE OFFENSE CHARGED.6