Mental disease or defect; use of justifiable reasonable force
Sec. 11. (a) As used in this section, "defendant" refers to an
individual charged with any crime involving the use of force against
a person.
(b) This section applies under the following circumstances when
the defendant in a prosecution raises the issue that the defendant was
at the time of the alleged crime suffering from the effects of battery
as a result of the past course of conduct of the individual who is the
victim of the alleged crime:
(1) The defendant raises the issue that the defendant was not
responsible as a result of mental disease or defect under section
6 of this chapter, rendering the defendant unable to appreciate
the wrongfulness of the conduct at the time of the crime.
(2) The defendant claims to have used justifiable reasonable
force under section 2 of this chapter. The defendant has the
burden of going forward to produce evidence from which a trier
of fact could find support for the reasonableness of the
defendant's belief in the imminence of the use of unlawful force
or, when deadly force is employed, the imminence of serious
bodily injury to the defendant or a third person or the
commission of a forcible felony.
(c) If a defendant proposes to claim the use of justifiable
reasonable force under subsection (b)(2), the defendant must file a
written motion of that intent with the trial court not later than:
(1) twenty (20) days if the defendant is charged with a felony;
or
(2) ten (10) days if the defendant is charged only with one (1)
or more misdemeanors;
before the omnibus date. However, in the interest of justice and upon
a showing of good cause, the court may permit the filing to be made
at any time before the commencement of the trial.
(d) The introduction of any expert testimony under this section
shall be in accordance with the Indiana Rules of Evidence.
As added by P.L.210-1997, SEC.5.
Last modified: May 24, 2006