• 1985 - Negligence of Decedent
  • K-4.45
    • Affirmative Defenses
    • Affirmative Defenses
    • Decedents
    • Defenses
    • Negligence
  • Evidence of negligence, if any, of the Decedent, _______________, was received and may be considered by you only for the purpose of shedding light upon the cause of the mishap out of which the prosecution arose. The fact that the Decedent was guilty of negligence that contributed as a proximate cause of injury or death, if you so find, does not exonerate or excuse the Defendant, unless the Decedent's negligence was the sole cause of death. If you find that the conduct of the Defendant in this case is otherwise criminal, it is not less criminal by reason of the fact that the conduct of others may have contributed in forging the chain of causation that produced the accident.
  • Notes: This instruction should precede "Essential Elements of Offense" instruction in an appropriate case. (2005 - reviewed with no changes)