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<blockquote data-quote="SMS" data-source="post: 1024108" data-attributes="member: 42"><p>Oklahoma Uniform Jury Instructions from the Court of Appeals....seems to address the difference between 733's specific reference to family and employees/employers and the Stand your Ground reference to simply "Another".</p><p></p><p>Seems you would fall under Justifiable use of force to prevent offense rather than justifiable homicide...of course your use of force must meet the "reasonable" test.</p><p></p><p></p><p></p><p>OUJI-CR 8-3</p><p></p><p>DEFENSE OF PERSON -</p><p></p><p>JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE</p><p></p><p><strong>A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime.</strong> </p><p></p><p>______________________________</p><p></p><p>Statutory Authority: 22 O.S. 1991, § 33. </p><p></p><p>Notes on Use</p><p></p><p>This instruction is appropriate where the defendant used reasonable force to prevent a crime in which personal injury was imminent. In contrast to OUJI-CR 8-2, supra, <strong>the use of force is not restricted to the protection of specific persons from death or great bodily harm. </strong>OUJI-CR 8-14, infra, should be used instead of this instruction if the defendant reasonably believed that the victim was attempting to commit a felony in a dwelling where the defendant was lawfully present. OUJI-CR 8-15, infra, should be used if the defendant reasonably believed that the victim might use physical force against an occupant of a dwelling. </p><p></p><p>Committee Comments</p><p></p><p>In Whitechurch v. State, 657 P.2d 654, 657 (Okl. Cr. 1983), the Oklahoma Court of Criminal Appeals required a jury instruction to be given that covered the defense in 22 O.S. 1991, § 33. The Court noted that this defense complemented and to a certain extent overlapped the principles of self-defense and the defense of others.</p></blockquote><p></p>
[QUOTE="SMS, post: 1024108, member: 42"] Oklahoma Uniform Jury Instructions from the Court of Appeals....seems to address the difference between 733's specific reference to family and employees/employers and the Stand your Ground reference to simply "Another". Seems you would fall under Justifiable use of force to prevent offense rather than justifiable homicide...of course your use of force must meet the "reasonable" test. OUJI-CR 8-3 DEFENSE OF PERSON - JUSTIFIABLE USE OF FORCE TO PREVENT OFFENSE [B]A person is justified in using reasonable force in aid or defense of another person who is about to be injured during the commission of a crime.[/B] ______________________________ Statutory Authority: 22 O.S. 1991, § 33. Notes on Use This instruction is appropriate where the defendant used reasonable force to prevent a crime in which personal injury was imminent. In contrast to OUJI-CR 8-2, supra, [B]the use of force is not restricted to the protection of specific persons from death or great bodily harm. [/B]OUJI-CR 8-14, infra, should be used instead of this instruction if the defendant reasonably believed that the victim was attempting to commit a felony in a dwelling where the defendant was lawfully present. OUJI-CR 8-15, infra, should be used if the defendant reasonably believed that the victim might use physical force against an occupant of a dwelling. Committee Comments In Whitechurch v. State, 657 P.2d 654, 657 (Okl. Cr. 1983), the Oklahoma Court of Criminal Appeals required a jury instruction to be given that covered the defense in 22 O.S. 1991, § 33. The Court noted that this defense complemented and to a certain extent overlapped the principles of self-defense and the defense of others. [/QUOTE]
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