WI · jury_instructions

Wis JI-Criminal 825

Privilege: Defense of Others: Force Less Than That Likely to Cause Death or Great Bodily Harm - s.939.48(4)

activein force · 2026-03-01 – presentas-observed

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.

Defense of Others

Defense of others is an issue in this case. The law of defense of others allows the

defendant to threaten or intentionally use force to defend another only if:

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

with the person of (name of third person); and,

• the defendant believed that (name of third person) was entitled to use or to threaten

to use force in self-defense; and,

• the defendant believed that the amount of force used or threatened by the defendant

was necessary for the protection of (name of third person); and,

• the defendant’s beliefs were reasonable.

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 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 THIRD PERSON PROVOKED THE

ATTACK, ADD APPROPRIATE INSTRUCTION HERE – SEE WIS JI–

CRIMINAL 835.]

[IF THERE IS EVIDENCE THAT THE DEFENDANT PROVOKED THE

ATTACK ON THE THIRD PERSON, ADD APPROPRIATE INSTRUCTION

HERE – SEE WIS JI–CRIMINAL 832.]

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 defense of others.

Jury’s Decision

If you are satisfied beyond a reasonable doubt that all ____ elements of _________

have been proved and that the defendant did not act lawfully in defense of others, you

should find the defendant guilty.

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

History

Wis JI-Criminal 825 (3/2026). Release No. 70. Wisconsin Court System, 3/2026. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 19da700e8ed002ad1954e7ab3a6d7f9a61b6d3e91e344e2441e2995f6192fc30

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