We are getting ready to go to trial on the Jeffrey Bing matter. Since my initial interview with Mr. Bing (see the Senior Attorney Memorandum), the paralegals have found out some additional facts about the case. Discovery is now closed.
The trial is scheduled to begin in 4 weeks. Pretrial motions and supporting briefs are due soon. The judge has asked counsel to propose jury instructions. Jury instructions are a set of legal rules the judge reads to the jury that give the law of a case. The jurors should follow these instructions when deciding a criminal or a civil case. Prior to having these instructions read, the parties provide the court with proposed jury instructions. The court then determines which instructions it will give to the jury.
In this matter, the parties and the court agree that a key issue that must be resolved is how the jury should be instructed on the self-defense issue.
In Illinois, the relevant pattern jury instruction for self-defense reads:
IL-IPICRIM 24-25.06, Ill. Pattern Jury Instr.-Criminal 24-25.06
24-25.06 Use Of Force In Defense Of A Person
A person is justified in the use of force when and to the extent that he reasonably believes that such conduct is necessary to defend [ (himself) (another) ] against the imminent use of unlawful force.
[However, a person is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent [ (imminent death or great bodily harm to [ (himself) (another) ]) (the commission of ) ].]
The court has asked the parties to submit briefs analyzing whether or not this instruction should be given to the jury.
We represent the defendant, Mr. Bing, in this matter, and thus your trial brief must argue why this jury instruction should be given.
Prepare a Persuasive Brief to Court entitled “Defendant’s Motion for Self-Defense Jury Instruction.”
For this Persuasive Brief to Court, you may use the materials and research from the Legal Memorandum you prepared earlier for me. The Persuasive Brief to Court must contain at least 3 cases (including the provided case) and 1 statute (the provided statute) to support your argument.
