SERIES 3400 DEFENSES AND INSANITY
F 3405 Parental Right To Punish A Child
TABLE OF CONTENTS
F 3405 Inst 1 Modification Of Burden Shifting Language
F 3405 Inst 2 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.
Return to Series 3400 Table of Contents.
F 3405 Inst 1 Modification Of Burden Shifting Language
*Modify CC 3405 paragraph 1, sentence 1, as follows [added language is underlined; deleted language is stricken]:
A (parent/guardian/__________ <insert title of other person legally permitted to
discipline the child>) is not guilty of __________ <insert crime> if unless (he/she)
used (unjustifiable physical force/ [(a/or) another] unjustifiable method) to
discipline a child.
*Add to beginning of paragraph 2 [CC 3400 adaption]:
The defendant does not need to prove (he/she) used (justifiable force/[or] a justifiable method of punishment).
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Modification Of Burden Shifting Language—See FORECITE F 500.2 Inst 2.
Right To Pinpoint Instruction Relating Defense Theory To Prosecution’s Burden Of Proof—See FORECITE F 315.1.2 Inst 2.
Burden Shifting Language Is Improper—See FORECITE F 401.6 Inst 1; F 404.2 Inst 1.
Defendant Does Not Need To Prove The Defense Theory—See CALCRIM 3400, paragraph 1, sentence 4; see also FORECITE F 100.1 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 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 3405 Inst 2 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.
