SERIES 500 HOMICIDE
F 506 JUSTIFIABLE HOMICIDE: DEFENDING AGAINST HARM TO PERSON WITHIN HOME OR ON PROPERTY
TABLE OF CONTENTS
F 506.1 TITLES AND IDENTIFICATION OF PARTIES
F 506.1 Inst 1 Justifiable Homicide: Defending Against Harm to Person Within Home or on Property—Title
F 506.1 Inst 2 Identification Of Prosecution And Defendant
F 506.1.1 Inst 1 Delete “Justifiable Homicide” From Title
F 506.2 SELF-DEFENSE: BURDEN OF PROOF
F 506.2 Inst 1 Deletion Of Term “Justifiable Homicide” And Burden Shifting Language
F 506.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
F 506.2 Inst 3 Self-Defense: Expression Of Prosecution Burden In Terms Of “Self-Defense” Rather Than Justification
F 506.2 Inst 4 Antecedent Threats: Modification Of Burden Shifting Language
F 506.2 Inst 5 (a & b) Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
F 506.2 Inst 6 Antecedent Threats: Modification Of Burden Shifting Language
F 506.3PRIOR CONDUCT OF VICTIM AND ASSOCIATES RE: DEFENDANT’S SUBJECTIVE BELIEF AND OBJECTIVE REASONABLENESS
F 506.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
F 506.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
F 506.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
F 506.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
F 506.4 PRIOR CONDUCT OF VICTIM RE: IDENTIFICATION OF ASSAILANT
F 506.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
F 506.4 Inst 2 Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
F 506.5 REASONABLE PERSON STANDARD
F 506.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
F 506.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
F 506.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
F 506.6 WHAT CONDUCT JUSTIFIES SELF-DEFENSES
F 506.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
F 506.6 Inst 2 Assault By Hands Or Fists May Justify Use Of Deadly Force In Self-Defense
F 506.6 Inst 3 Definition Of Great Bodily Injury (PC 197 & PC 198)
F 506.6 Inst 4 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
F 506.7 SELF-DEFENSE: MISCELLANEOUS
F 506.7 Inst 1 Deletion Of Argumentative And Duplicative Language
F 506.7 Inst 2 Transferred Self-Defense
Return to Series 500 Table of Contents.
F 506.1 Titles And Identification Of Parties
F 506.1 Inst 1 Justifiable Homicide: Defending Against Harm to Person Within Home or on Property—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 506.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 506.1.1 Inst 1 Delete “Justifiable Homicide” From Title
*Modify CC 506 title as follows [deleted language is stricken]:
Justifiable Homicide: Defending Against Harm To Person Within Home Or On Property
Points and Authorities
See FORECITE F 500.2 Inst 3.
F 506.2 Self-Defense: Burden Of Proof
F 506.2 Inst 1 Deletion Of Term “Justifiable Homicide” And Burden Shifting Language
*Modify CC 506, paragraph 1, sentence 1 as follows [added language is underlined; deleted language is stricken]:
The defendant is not guilty of (murder/ [or] manslaughter/attempted murder/[or] attempted voluntary manslaughter) if unless the prosecution proves beyond a reasonable doubt that (he/she) (killed/attempted to kill) to defend (himself/herself) [or any other person] did not act in (self-defense/ [and/or] defense of another) when (he/she) [allegedly killed _________________<name of decedent/alleged victim>] in the defendant’s home.
Alternative a:
*Replace CC 506, sentence 2 and enumerated factors with:
For purposes of considering whether the prosecution has met its burden of disproving (self-defense/ [and/or] defense of another), self-defense is defined as a killing in which the person who killed:
1. Reasonably believed that (he/she) was defending a home against <insert name of decedent>, who (intended to or tried to commit <insert forcible and atrocious crime> / [or] violently[[,] [or] riotously[,]/ [or] tumultuously] tried to enter that home intending to commit an act of violence against someone inside);
2. Reasonably believed that the danger was imminent;
3. Reasonably believed that the use of deadly force was necessary to defend against the danger;
AND
4. Used no more force than was reasonably necessary to defend against the danger.
Alternative b:
To meet its burden of disproving (self-defense/ [and/or] defense of another) the prosecution must prove at least one of the following beyond a reasonable doubt:
1. Did not reasonably believe that (he/she/ [or] someone else/[or] __________ <insert name or description of third party>) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ __________ <insert other forcible and atrocious crime>)];
2. Did not reasonably believed that the danger was imminent;
3. Did not reasonably believed that the use of deadly force was necessary to defend against the danger;
OR
4. Used more force than was reasonably necessary to defend against the danger.
Points and Authorities
See FORECITE F 505.2 Inst 1.
F 506.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
See FORECITE F 505.2 Inst 2.
F 506.2 Inst 3 Self-Defense: Expression Of Prosecution Burden In Terms Of “Self-Defense” Rather Than Justification
See FORECITE F 505.2 Inst 3.
F 506.2 Inst 4 Antecedent Threats: Modification Of Burden Shifting Language
See FORECITE F 505.2 Inst 4.
F 506.2 Inst 5 (a & b) Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
See FORECITE F 505.2 Inst 5.
F 506.2 Inst 6 Antecedent Threats: Modification Of Burden Shifting Language
See FORECITE F 505.2 Inst 4.
F 506.3 Prior Conduct Of Victim And Associates Re: Defendant’s Subjective Belief And Objective Reasonableness
F 506.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
See FORECITE F 505.3 Inst 1.
F 506.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
See FORECITE F 505.3 Inst 2.
F 506.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
See FORECITE F 505.3 Inst 3.
F 506.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
See FORECITE F 505.3 Inst 4.
F 506.4 Prior Conduct Of Victim Re: Identification Of Assailant
F 506.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
See FORECITE F 505.4 Inst 1.
F 506.4 Inst 2 Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
See FORECITE F 505.4 Inst 2.
F 506.5 Reasonable Person Standard
F 506.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
See FORECITE F 505.5 Inst 1.
F 506.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
See FORECITE F 505.5 Inst 2.
F 506.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
See FORECITE F 505.5 Inst 3.
F 506.6 What Conduct Justifies Self-Defenses
F 506.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
See FORECITE F 505.6 Inst 1.
F 506.6 Inst 2 Assault By Hands Or Fists May Justify Use Of Deadly Force In Self-Defense
See FORECITE F 505.6 Inst 1.
F 506.6 Inst 3 Definition Of Great Bodily Injury (PC 197 & PC 198)
See FORECITE F 505.6 Inst 3.
F 506.6 Inst 4 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
See FORECITE F 505.6 Inst 4.
F 506.7 Self-Defense: Miscellaneous
F 506.7 Inst 1 Deletion Of Argumentative And Duplicative Language
See FORECITE F 505.7 Inst 1.
F 506.7 Inst 2 Transferred Self-Defense
See FORECITE F 505.7 Inst 2.
