Defense of Justification Sample Clauses

Defense of Justification. The court should not charge the jury with the defense of justification. The issue is whether in New York a citizen has the privilege to resist arrest. A citizen does not have a privilege to resist arrest in New York. Since a citizen does not have this privilege it cannot be used as a defense to an arrest which was lawful. Here, the arrest was lawful, as previously discussed, and Xxxxx did not have a privilege to resist. Therefore, the court would be in error if it instructed the jury on the defense of justification in this case, because that defense does not apply here. Thus, the court should not instruct the jury to consider a defense of justification.
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