WPIC 16.04.01 Aggressor—Defense of Others
11 WAPRAC WPIC 16.04.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 16.04.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part IV. Defenses
WPIC CHAPTER 16. Justifiable Homicide
WPIC 16.04.01 Aggressor—Defense of Others
One who acts in defense of another, reasonably believing the other to be the innocent party and in danger, is justified in using force necessary to protect that person even if, in fact, the person whom the actor is defending is the aggressor.
NOTE ON USE
Use this instruction in either a homicide or assault case when there is evidence that the defendant came to the defense of another, even if this other person was actually the initial aggressor. If there is evidence that the defendant was the initial aggressor, use WPIC 16.04 (Aggressor—Defense of Self) rather than this instruction.
Use WPIC 16.05 (Necessary—Definition) with this instruction.
COMMENT
In State v. Penn, 89 Wn.2d 63, 568 P.2d 797 (1977), the court adopted the American Law Institute's Model Penal Code § 3.05(1) and held that one who intervenes on behalf of an aggressor is entitled to act under circumstances as the intervener reasonably believes them to be, just as if acting in self-defense.
It is error to refuse to instruct on the legal privilege of defending another if the evidence would allow the jury to find that the actor's apprehension of danger and use of force were reasonable. State v. Bernardy, 25 Wn.App. 146, 605 P.2d 791 (1980).
[Current as of February 2019.]
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