Wis JI-Criminal 820 (example)

820 EXAMPLE: [PRIVILEGE: LIMITS OF] SELF DEFENSE: UNINTENDED

INFLICTION OF HARM UPON THIRD PARTY CHARGED AS

RECKLESS OR NEGLIGENT CRIME ENUMERATED IN 939.48(3)

Statutory Definition of the Crime

First degree reckless homicide, as defined in § 940.02(1) of the Criminal Code of

Wisconsin, is committed by one who recklessly causes the death of another human being

under circumstances that show utter disregard for human life.

State’s Burden Of Proof

Before you may find the defendant guilty of first degree reckless homicide, the State

must prove by evidence that satisfies you beyond a reasonable doubt that the following

three elements were present.

Elements of the Crime That the State Must Prove

1. The defendant caused the death of (name of victim).

“Cause” means that the defendant’s act was a substantial factor in producing

the death.

2. The defendant caused the death by criminally reckless conduct.

“Criminally reckless conduct” means:

• the conduct created a risk of death or great bodily harm to another

person; and

• the risk of death or great bodily harm was unreasonable and substantial;

and

• the defendant was aware that her conduct created the unreasonable and

820 EXAMPLE WIS JI-CRIMINAL 820 EXAMPLE

substantial risk of death or great bodily harm.

3. The circumstances of the defendant’s conduct showed utter disregard for human

life.

In determining whether the circumstances of the conduct showed utter

disregard for human life, consider these factors: what the defendant was doing;

why the defendant was engaged in that conduct; how dangerous the conduct was;

how obvious the danger was; whether the conduct showed any regard for life; and,

all other facts and circumstances relating to the conduct.

Self-Defense As To (Name Person)

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

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

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

unintended infliction of harm amounted to the crime of first degree reckless homicide.

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). 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:

820 EXAMPLE WIS JI-CRIMINAL 820 EXAMPLE

• 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 they used or threatened to use was

necessary to prevent or terminate the interference; and,

• the defendant’s beliefs were reasonable.

The defendant may intentionally use force that 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 her acts and not

from the viewpoint of the jury now.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that the defendant caused the death of

(name of victim) by criminally reckless conduct and that the circumstances of the conduct

showed utter disregard for human life, you should find the defendant guilty of first degree

reckless homicide.

820 EXAMPLE WIS JI-CRIMINAL 820 EXAMPLE

If you are not so satisfied, you must find the defendant not guilty.