SERIES 3400 DEFENSES AND INSANITY
F 3477 Presumption That Resident Was Reasonably Afraid Of Death Or Great Bodily Injury
TABLE OF CONTENTS
F 3477 Inst 1 (a & b) Presumption Of Innocence Should Apply To Self-Defense—Modification To Comply With Presumption Of Innocence
F 3477 Inst 2 Jurors Must Unanimously Reject Any Defenses Before Convicting
F 3477 Inst 3 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
Return to Series 3400 Table of Contents.
F 3477 Inst 1 (a & b) Presumption Of Innocence Should Apply To Self-Defense—Modification To Comply With Presumption Of Innocence
*Modify CC 3477 as follow [added language is underlined; deleted language is stricken]:
Alternative a:
Under the presumption of innocence, the law presumes that the defendant reasonably feared imminent death or great bodily injury to (himself/ herself)[, or to a member of (his/her) family or household,]. if:
1. An intruder unlawfully and forcibly (entered/ [or] was entering) the defendant’s home;
2. The defendant knew [or reasonably believed] that an intruder unlawfully and forcibly (entered/ [or] was entering) the defendant’s home;
3. The intruder was not a member of the defendant’s household or family;
AND
4. The defendant used force intended to or likely to cause death or great bodily injury to the intruder inside the home.
[Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.]
The People have the burden of overcoming this presumption. This means that the People must prove that the defendant did not have a reasonable fear of imminent death or injury to (himself/herself)[, or to a member of his or her family or household,] when (he/she) used force against the intruder. If the People have not met this burden, you must find the defendant reasonably feared death or injury to (himself/herself)[, or to a member of his or her family or household].
Alternative b:
The defendant is presumed to be innocent which means that (he/she) is presumed to have acted in self-defense. Hence, the law presumes all the elements of self-defense. The prosecution contends that the defendant did not act in self-defense because (he/she) did not reasonably fear imminent death or great bodily injury to (himself/herself), or to a member of (his/her) family or household.
To prevail as to the contention the prosecution must overcome the presumption that the defendant did reasonably fear imminent death or great bodily injury to (himself/herself), or to a member of (his/her) family or household.
If you have a reasonable doubt about whether the prosecution has overcome this presumption you may not find self-defense disproved on this ground.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Pinpoint Instruction Relating Defense Theory To Burden Of Proof—See FORECITE F 315.1.2 Inst 2.
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 3477 Inst 2 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.
F 3477 Inst 3 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
See FORECITE F 505.6 Inst 6.
