Self Defense Jury Instruction In a Resisting Arrest Case
In People v. Wicks, 355 Ill. App. 3d 760, 823 N.E.2d 1153, 291 Ill. Dec. 567 (2005), the defendant argued that the trial court erred when it refused defendant's request for a self-defense instruction in a resisting arrest case.
The Wicks court affirmed the decision of the trial court finding that the evidence adduced at trial showed that the defendant refused from the outset to cooperate with police.
The police officers' efforts were designed to get the defendant's hands out of his pockets.
As such, the police officers' use of force was justified and not excessive.
Consequently, the trial court did not err when it refused to give a self-defense instruction. Wicks, 355 Ill. App. 3d at 764.