HRS 0703-0300 ANNOTATIONS

Definitions rearranged.

This section provides statutory definitions of terms used repeatedly in this chapter; a discussion of the definitions, when needed or appropriate, is found in the commentary on the section employing the defined terms.

Chapter 703 provides for a defense based on the legal concept of justification. An extended definition of justification is provided in §§703-302 through 309. In most instances, the critical factor in determining whether an actor's conduct is justified is the actor's state of mind or belief respecting facts and circumstances. The Legislature changed §300 of the Proposed Draft by adding the definition of "believes". The definition adopts "the reasonable man standard with respect to justification for the use of force in self-protection, in the protection of property, and in the protection of others. It is your Committee's finding that the requirement that a person's belief be 'reasonable' for these defenses to be available will provide an objective basis by which to gauge whether or not the use of force was justified." Conference Committee Report No. 2 (1972).

Substantial evidence of record supported trial court's finding that defendant's use of the knife constituted deadly force. 77 H. 429 (App.), 886 P.2d 766.

Subsection (1) cited: 9 H. App. 115, 826 P.2d 884.