Wis JI-Criminal 880

INSERT THE FOLLOWING AFTER THE ELEMENTS OF THE CRIME ARE

DEFINED BUT BEFORE THE CONCLUDING PARAGRAPHS.

Use of Force by Peace Officer

The use of force by a peace officer 1 is an issue in this case. The law allows a peace

officer to use force in making a lawful arrest 2 only if:

• the defendant believed that it was necessary to use force to make an arrest; and,

• the defendant believed that the amount of force used was necessary to secure

and detain the person arrested, to overcome any resistance, to prevent escape, or

to protect the defendant from bodily harm; 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 an ordinary, prudent, and reasonably

intelligent officer would have believed in the defendant's position, having the knowledge and

training that the defendant possessed, and acting under the circumstances that existed at the

time of the alleged offense. 3

State's Burden of Proof

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

defendant was not acting lawfully in the use of force to make an arrest.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all ____ elements of _________4 have

been proved and that the defendant did not act lawfully in using force to make an arrest, you

should find the defendant guilty.

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