Jury Instructions dealing with Justifiable Homicide.

[GunSlut]

Several posts have included the applicable Penal Code sections dealing with justifiable homicide.

These are the jury instructions for those Penal Code sections
[Source: Judicial Council of California, Criminal Jury Instructions (CALCRIM) Fall 2006 Edition]

PC 197 (CALCRIM 505)
The defendant is not guilty of (murder/[or] manslaughter/attempted murder/[or] attempted voluntary manslaughter) if he was justified in (killing/attempting to kill) someone in (self-defense/[or] defense of another). The defendant acted in lawful self-defense/[or] defense of another) if:
1. The defendant reasonably believed that (he/she/[or] someone else) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/________ )];
2. The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger;
AND
3. The defendant used no more force than was reasonably necessary to defend against that danger.

Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of great bodily injury to (himself/herself/[or] someone else). Defendant’s belief must have been reasonable and (he/she) must have acted only because of that belief. The defendant is only entitled to use that amount of force necessary in the same situation. If the defendant used more force than was reasonable, the killing was not justified.

When deciding whether the defendant’s beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant’s beliefs were reasonable, the danger does not need to have actually existed.

[The defendant’s belief that (he/she/[or] someone else) was threatened may be reasonable even if (he/she) relied on information that was not true. However, the defendant must have actually and reasonably believed that the information was true.]

[If you find that ____________
[If you find that the defendant knew that _________ threatened or harmed others in the past, you may consider that information in deciding whether the defendant’s conduct and beliefs were reasonable.]

[Someone who has been threatened or harmed by a person in the past, is justified in acting more quickly or taking greater self-defense measures against the person.]

[If you find that the defendant received a threat from someone else that (he/she) reasonably associated with __________ , you may consider that threat in deciding whether the defendant was justified in acting in (self-defense/[or] defense of another).]

[A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/________) has passed. This is so even if safety could have been achieved by retreating.]

[Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.]

The People have the burden of proving beyond a reasonable doubt that the [attempted] killing was not justified. If the People have not met this burden, you must find the defendant not guilty of (murder/[or] manslaughter/attempted murder/[or] attempted voluntary manslaughter).
__________________________________________________

Justifiable Homicide: Defending Against Harm to Person Within Home or on Property

(CALCRIM 506)
The defendant is not guilty of (murder/[or] manslaughter/attempted murder/[or] attempted voluntary manslaughter) if (he/she)(killed/attempted to kill) to defend (himself/herself) [or any other person] in the defendant’s home. Such (a/an) [attempted] killing is justified , and therefore not unlawful, if:
1. The defendant reasonably believed that (he/she) was defending a home against _______, who (intended to or tried to commit _______ /[or] violently[[,] [or] riotously[,]/[or] tumultuously] tried to enter that home intending to commit an act of violence against someone inside);
2. The defendant reasonably believed that the danger was imminent;
3. The defendant reasonably believed that the use of deadly force was necessary to defend against the danger;
AND
4. The defendant used no more force than was reasonably necessary to defend against the danger.

Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of great bodily injury to (himself/herself/[or] someone else). Defendant’s belief must have been reasonable and (he/she) must have acted only because of that belief. The defendant is only entitled to use that amount of force necessary in the same situation. If the defendant used more force than was reasonable, the killing was not justified.

When deciding whether the defendant’s beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant’s beliefs were reasonable, the danger does not need to have actually existed.

[A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/________) has passed. This is so even if safety could have been achieved by retreating.]

The People have the burden of proving beyond a reasonable doubt that the [attempted] killing was not justified. If the People have not met this burden, you must find the defendant not guilty of [attempted] (murder/[or] manslaughter).
__________________________________________________ _______________

Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury
(CALCRIM 3477)

The law presumes that the defendant reasonably feared imminent death or great bodily injury to (himself/herself)[, or to a member of (his/her) family or household,] if:
1. An intruder unlawfully and forcibly (entered/[or] was entering) the defendant’s home;
2. The defendant knew [or reasonably believed] that an intruder unlawfully and forcibly (entered/[or] was entering) the defendant’s home;
3. The intruder was not a member of the defendant’s household or family;
4. The defendant used force intended to or likely to cause death or great bodily injury to the intruder inside the home.

[Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.]

The People have the burden of overcoming this presumption. This means that the People must prove that the defendant did not have a reasonable fear of imminent death or injury to (himself/herself)[, or to a member of his or her family or household,] when (he/she) used force against the intruder. If the People have not met this burden, you must find the defendant reasonably feared death or injury to (himself/herself)[, or to a member of his or her family or household].