The deadly weapon doctrine creates an inference of murder intent when the defendant uses a deadly weapon. 1 A judge may instruct the jury that they can infer the defendant intended the natural and probable consequences of the criminal act, which are death when a deadly weapon is utilized. This basically alleviates the burden of having to prove criminal intent for murder.
A deadly weapon is any instrumentality that can kill when used in a manner calculated to cause death or serious bodily injury. 2The Model Penal Code defines deadly weapon as “any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury” (Model Penal Code § 210.0 (4)). Some examples of deadly weapons are knives, guns, broken bottles, or even bare hands if there is a discrepancy in the size of the attacker and the victim. Aside from creating an inference of intent for murder, use of a deadly weapon may also enhancea sentence for certain crimes.
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