MD CJI&C § 8.03. Defense of Habitation—Right to Use Deadly Force

State: Maryland

2 MD Criminal Jury Instructions and Commentary § 8.03
Maryland Criminal Jury Instructions and Commentary, Third Edition
Chapter 8 DEFENSES
C. Defense of Property

CJI&C § 8.03. Defense of Habitation—Right to Use Deadly Force

You have heard evidence that (insert name of defendant) acted in defense of [his] [her] home. A person is justified in using deadly force to prevent a (insert crime) from being committed in [his] [her] home, if the use of deadly force was necessary to avoid the danger.

You are required to find (insert name of defendant) not guilty if all of the following factors are present:

(1) (insert name of defendant) actually believed that (insert name of victim) was [committing] [about to commit] (insert crime) in (insert name of defendant)’s home;

(2) (insert name of defendant)’s belief was reasonable; and

(3) (insert name of defendant) used no more force than was reasonably necessary to prevent (insert crime) from being committed in [his] [her] home.

In determining whether the defendant was reasonable under the circumstances, you should consider all of the facts and circumstances as they appeared to the defendant at the time of the incident. [Fear of (insert crime), by itself, will not justify the use of deadly force unless there is some act by the intruder indicating an intention to commit (insert crime).]

The defendant is not required to prove that [he] [she] acted in defense of [his] [her] home. The State must prove beyond a reasonable doubt that (insert name of defendant) was not justified in the use of deadly force to defend [his] [her] home. If the State has proved to you beyond a reasonable doubt that at least one of the three factors was not present in this case, then you [must] [should] reject this defense. If the State has not done so, you must find the defendant not guilty.