(N.J.S.A.
2C:3-9a)
(To accompany charge on N.J.S.A.
2C:3-7) model jury charge
If the defendant's/policeman's
belief in the lawfulness of an arrest which he/she
endeavors to effect by force is erroneous and such error is due to ignorance or
mistake as to the law governing arrests or searches, then his/her use of
force is not justifiable. The fact that he/she was
honestly mistaken as to what the law says is not a defense.
As has been explained to you (in the
charge under 2C:3-7) (defendant/police officer) states that he/she
believed his/her use of
force against (complaining witness) to be immediately necessary to effect a
lawful arrest. The (State/complaining witness)
has argued that the arrest was illegal.
(Discuss the Law
involved)
Your task is to apply this law to
(defendant's/police officer's) conduct.
If you find that the arrest was lawful, then it serves to justify (the
defendant's/police officer's) use of force.
If you find that the arrest was unlawful, and that (the
defendant's/police officer's) belief in the lawfulness of the arrest was erroneous
and such error was due to ignorance of or mistake as to the law, (the
defendant's/police officer's) use of force was not justified.
