SERIES 900 ASSAULTIVE AND BATTERY CRIMES
F 917 Insulting Words Are Not A Defense (Case Law Discussing This Instruction)
TABLE OF CONTENTS
F 917.1 Titles And Identification Of Parties
F 917.1 Inst 1 Insulting Words Are Not A Defense—Title
F 917.1 Inst 2 Identification Of Prosecution And Defendant
F 917.2 Insulting Words Are Not A Defense—Tailoring To Facts: Persons, Places, Things And Theories
F 917.2 Inst 1 Modification Of Burden Shifting Language
F 917.3 Insulting Words Are Not A Defense—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 917.4 Insulting Words Are Not A Defense—Burden Of Proof Issues
F 917.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 917.5 Insulting Words Are Not A Defense—Elements And Definitions [Reserved]
F 917.6 Insulting Words Are Not A Defense—Defense Theories [Reserved]
F 917.7 Insulting Words Are Not A Defense—Preliminary Fact Issues [Reserved]
F 917.8 Insulting Words Are Not A Defense—Unanimity/Duplicity/Multiplicity [Reserved]
F 917.9 Insulting Words Are Not A Defense—Lesser Offense Issues [Reserved]
Return to Series 900 Table of Contents.
F 917.1 Titles And Identification Of Parties
F 917.1 Inst 1 Insulting Words Are Not A Defense—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 917.1 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 917.2 Insulting Words Are Not A Defense—Tailoring To Facts: Persons, Places, Things And Theories
F 917.2 Inst 1 Modification Of Burden Shifting Language
*Modify CC 917, paragraph 2, as follows [added language is underlined; deleted language is stricken]:
[However, if you conclude consider evidence that ________ <insert name> spoke or acted in a way that threatened ________ <insert name of defendant or third party allegedly threatened> with immediate harm [or an unlawful touching]/ [or] great bodily injury/ [or] trespass on land/ [or] trespass against goods], you may consider that evidence in deciding, if you can, whether the prosecution has proven beyond a reasonable doubt that ________ <insert name of defendant> acted in (self-defense/ [or] defense of others).]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Burden Shifting—CALCRIM 917 unconstitutionally shifts the burden of proof to the defendant by implying that the threats of the third party as well as self-defense must be proven or established by the defendant. (See FORECITE F 404.2 Inst 1.)
“You May Consider” Vs. “Consider”—See FORECITE F 105.2 Inst 1.
“If You Can” Language: No Duty To Reach A Verdict—See FORECITE F 100.7 Inst 1.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.2 [Defendant Has No Burden To Prove Defense Theory Which Negates Element Of Charge]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 917.3 Insulting Words Are Not A Defense—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 917.4 Insulting Words Are Not A Defense—Burden Of Proof Issues
F 917.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 917.5 Insulting Words Are Not A Defense—Elements And Definitions[Reserved]
F 917.6 Insulting Words Are Not A Defense—Defense Theories[Reserved]
F 917.7 Insulting Words Are Not A Defense—Preliminary Fact Issues[Reserved]
F 917.8 Insulting Words Are Not A Defense—Unanimity/Duplicity/Multiplicity [Reserved]
F 917.9 Insulting Words Are Not A Defense—Lesser Offense Issues[Reserved]
