Marquinn Jones-Nelson v. State of Alaska

Judge ALLARD, concurring.

I write separately regarding the supplemental jury instruction on self-defense that the jury received in this case.

As explained in Judge Wollenberg's lead opinion, this jury instruction was intended to inform the jurors that, when a person uses force in self-defense, the amount or degree of this force must be proportionate to - i.e. , a reasonable response to - the danger that the person reasonably believed they confronted .1

*805The flaw in the challenged jury instruction was that it failed to include the principle stated in the italicized portion of the preceding…