Wis JI-Criminal 821

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.

Self Defense

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

of person).1 If the defendant was privileged to use force in self-defense against (name of

person), that privilege extended to harm caused to [(name of victim)2].

The law of self-defense allows the defendant to threaten or intentionally use force

against another only if:

• the defendant believed that there was an actual or imminent unlawful interference3

with the defendant’s person; and

• the defendant believed that the amount of force the defendant 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.4 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.5 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.

[IF RETREAT IS AN ISSUE, ADD APPROPRIATE INSTRUCTION HERE –

SEE WIS JI-CRIMINAL 810.]

[IF THERE IS EVIDENCE THAT THE DEFENDANT PROVOKED THE

ATTACK, ADD APPROPRIATE INSTRUCTION HERE – SEE WIS JI-CRIMINAL 815.]

State’s Burden of Proof

The State must prove by evidence which satisfies you beyond a reasonable doubt that

the defendant did not act lawfully in self-defense.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all ______ elements

_____________6 have been proved [as to the harm caused to (name of victim)] and that

the defendant did not act lawfully in self-defense as to (name of person), you should find

the defendant guilty.

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