SERIES 2700 CRIMES AGAINST GOVERNMENT—ESCAPE
F 2763 Escape After Remand Or Arrest: Force Or Violence (PC 836.6)
TABLE OF CONTENTS
F 2763.1 Titles And Identification Of Parties
F 2763.1 Inst 1 Escape After Remand Or Arrest: Force Or Violence—Title
F 2763.1 Inst 2 Identification Of Prosecution And Defendant
F 2763.2 Escape After Remand Or Arrest: Force Or Violence—Tailoring To Facts: Persons, Places, Things And Theories
F 2763.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
F 2763.3 Escape After Remand Or Arrest: Force Or Violence—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2763.4 Escape After Remand Or Arrest: Force Or Violence—Burden Of Proof Issues
F 2763.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2763.5 Escape After Remand Or Arrest: Force Or Violence—Elements And Definitions
F 2763.5 Inst 1 Incorporating Definitional Elements Of Force Or Violence Into Enumerated Elements
F 2763.5 Inst 2 Incorporate Definitional Element Of Serious Bodily Harm In Enumerated Elements
F 2763.5 Inst 3 Necessity Of Aiding And Abetting Instructions
F 2763.5 Inst 4 Incorporate Definitional Elements Of Causation Into Enumerated Elements
F 2763.6 Escape After Remand Or Arrest: Force Or Violence—Defense Theories [Reserved]
F 2763.7 Escape After Remand Or Arrest: Force Or Violence—Preliminary Fact Issues [Reserved]
F 2763.8 Escape After Remand Or Arrest: Force Or Violence—Unanimity/Duplicity/Multiplicity [Reserved]
F 2763.9 Escape After Remand Or Arrest: Force Or Violence—Lesser-Offense Issues [Reserved]
Return to Series 2700 Table of Contents.
F 2763.1 Titles And Identification Of Parties
F 2763.1 Inst 1 Escape After Remand Or Arrest: Force Or Violence—Title
See generally, FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2763.1 Inst 2 Identification Of Prosecution And Defendant
See generally, FORECITE F F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2763.2 Escape After Remand Or Arrest: Force Or Violence—Tailoring To Facts: Persons, Places, Things And Theories
F 2763.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 2763, Elements, as follows [added language is underlined; deleted language is stricken]:
1. The defendant committed the an (escape/ [or] attempted escape) by force or violence;
2. When the defendant did, so (he/she) used physical force against _______________ <name of peace officer>;
2 3. The defendant physical force caused serious bodily injury to _______________ <name of peace officer> a peace officer.
AND
4. _______________ <name of peace officer> was a peace officer.
[Delete paragraph 3.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Separate Enumeration Of Elements—See FORECITE F 3500.2 Inst 1.
Tailor To Facts: Alleged Victim—See FORECITE F 820.2 Inst 1.
Identification Of Parties—See FORECITE F 100.2 Note 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]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITECG 13.
F 2763.3 Escape After Remand Or Arrest: Force Or Violence—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2763.4 Escape After Remand Or Arrest: Force Or Violence—Burden Of Proof Issues
F 2763.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2763.5 Escape After Remand Or Arrest: Force Or Violence—Elements And Definitions
F 2763.5 Inst 1 Incorporating Definitional Elements Of Force Or Violence Into Enumerated Elements
*Modify CC 2763, Element 1, to provide as follows [added language is underlined; deleted language is stricken]:
1. The defendant [personally committed] [aided and abetted _______________ <name of perpetrator> in committing] the (escape/ [or] attempted escape) by wrongfully using physical force or violence against _______________ <insert specific person> [by touching (him/her) in a harmful or offensive manner];
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Incorporation Of Definitional Elements—The requirement of personal commission of or aiding and abetting the escape is included in CALCRIM paragraph 4 but not in the enumerated elements. Because this element is something the prosecution must prove beyond a reasonable doubt, it should be included in the enumerated elements. (See FORECITE F 3500.2 Inst 1.)
Similarly, the definitional elements of force or violence in CALCRIM 2763, paragraph 3, should be in the enumerated elements.
Tailoring To Specific Name Of Person Against Whom Force Was Used— See FORECITE F 417.5 Inst 2.
Identification Of Parties—See FORECITE F 100.2 Note 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]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITECG 13.
F 2763.5 Inst 2 Incorporate Definitional Element Of Serious Bodily Harm In Enumerated Elements
*Modify CC 2763, Element 2, to provide:
2. The defendant caused _______________ <name of alleged victim> to suffer a serious bodily injury to a peace officer impairment or physical condition.
Points and Authorities
See FORECITE F 2763.5 Inst 1.
F 2763.5 Inst 3 Necessity Of Aiding And Abetting Instructions
*Modify CC 2763 as follows:
[Supplement with or cross-reference to aiding and abetting instructions when the prosecution alleges that the defendant aided and abetted another in using physical force or violence.]
Points and Authorities
Need For Instruction—CALCRIM 2763, paragraph 4, includes aiding and abetting as an alternate basis for liability. If the prosecution relies on such a theory full instruction on aiding or abetting should be given. (See CALCRIM 400 et. seq.; see also FORECITE F 400 et. seq.)
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]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITECG 13.
F 2763.5 Inst 4 Incorporate Definitional Elements Of Causation Into Enumerated Elements
*Add to CC 2763, Element 2:
To prove [this] [that the _____________ <insert the act> “caused” the _____________<insert what was caused e.g., great bodily injury>, the prosecution must prove the following beyond a reasonable doubt that the______________<insert what was caused> :
1. Would not have happened without the act; and
2. Was the direct, natural, and probable consequence of the act; and
3. A reasonable person in the defendant’s situation, in light of all the circumstances as they were known by and appeared to the defendant, would have known that the ________________ <insert what was caused > was likely to happen if nothing unusual intervened.
[4. The [_____________] <insert act> a substantial factor in causing the _______________<insert what was caused>: (injury/ <insert other description>)].
Points and Authorities
See FORECITE F 1551.5 Inst 7.
F 2763.6 Escape After Remand Or Arrest: Force Or Violence—Defense Theories [Reserved]
F 2763.7 Escape After Remand Or Arrest: Force Or Violence—Preliminary Fact Issues [Reserved]
F 2763.8 Escape After Remand Or Arrest: Force Or Violence—Unanimity/Duplicity/Multiplicity [Reserved]
F 2763.9 Escape After Remand Or Arrest: Force Or Violence—Lesser-Offense Issues [Reserved]