RECKLESS OR NEGLIGENT
INJURY OR RISK
OF INJURY TO INNOCENT
PERSONS
(N.J.S.A. 2C:3‑9c) model jury charge
The defense has argued that the use
of force against (Victim 1) was justified under the law for the purpose of
(insert one of the following):
Execution of public duty ‑ 2C:3‑3
Self-protection ‑ 2C:3‑4
Protection of other persons ‑ 2C:3‑5
Defense of premises or personal property - 2C:3‑6
Law enforcement ‑ 2C:3‑7
Carrying out a special responsibility ‑ 2C:3‑8
The State has charged that in using
force against (Victim 1) the defendant recklessly or negligently injured or
created a risk of injury to (Victim 2), an innocent person.
A person is reckless in injuring or
creating a risk of injury to an innocent person when he/she
consciously disregards a substantial and unjustifiable risk that the injury or
risk of injury will result from his/her
conduct. The risk must be of such a
nature and degree that, considering the nature and purpose of the actor's
conduct and the circumstances known to him/her, its disregard involves a gross deviation
from the standard of conduct that a reasonable-person would observe in the
actor's situation.[1]
In other words, if the defendant knew that it was very likely that his/her use of
force against (Victim 1) would injure or create a risk of injury to an
innocent, person, but he/she went
ahead and used it anyway, where a reasonable person would not have used force,
then he/she acted
recklessly.
A person is negligent[2] in
injuring or creating a risk of injury to an innocent person when he/she should
be aware of a substantial and unjustifiable risk that the injury or risk of
injury will result from his/her
conduct. The risk must be of such a
nature and degree that the actor's failure to perceive it, considering the
nature and purpose of his/her
conduct and the circumstances known to him/her, involves a gross deviation from the
standard of care that a reasonable person would observe in the actor's
situation. In other words, if it were
very likely that the defendant's use of force against (Victim 1) would injure
or create a risk of injury to an innocent person, and given the circumstances,
the defendant should have known that, but he/she went
ahead and used force anyway, where a reasonable person would not have used
force, then he/she acted
negligently.
If you find that the defendant, in
using force against (Victim 1) was either reckless or negligent in injuring or
creating a risk of injury to (Victim 2), then the fact that the defendant might
have been justified under the law in acting against (Victim 1) cannot be used
as a defense to the charges as to (Victim 2).
