SERIES 3400 DEFENSES AND INSANITY
F 3429 Reasonable Person Standard For Physically Disabled Person
TABLE OF CONTENTS
F 3429 Inst 1 Reasonable Person Standard: Consideration Of Circumstances From Defendant’s Perspective
F 3429 Inst 2 Reasonable Person Standard For Battered Person Syndrome
F 3429 Inst 3 Reasonable Person Standard For Intoxicated Person
F 3429 Inst 4 Jurors Must Unanimously Reject Any Defenses Before Convicting
Return to Series 3400 Table of Contents.
F 3429 Inst 1 Reasonable Person Standard: Consideration Of Circumstances From Defendant’s Perspective
*Add to CC 3428:
Consider all the circumstances as they were known to and appeared to the person.
Points and Authorities
See FORECITE F 820.5 Inst 3.
F 3429 Inst 2 Reasonable Person Standard For Battered Person Syndrome
A person with battered person’s syndrome is required to (know what/use the amount of care that) a reasonably careful person with the same battered person’s syndrome would (know/use) in the same situation.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Reasonable Person Standard And Battered Person Syndrome—See People v. Humphrey (1996) 13 C4th 1073.
[See also FORECITE F 820.]
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 3429 Inst 3 Reasonable Person Standard For Intoxicated Person
An intoxicated person is required to (know what/use the amount of care that) a reasonably careful person with the same degree of intoxication would (know/use) in the same situation.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Reasonable Person Standard And Intoxication—See People v. Ochoa (1993) 6 C4th 1199, 1204.
[See also FORECITE F 820.5 Inst 3.]
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 3429 Inst 4 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.
