SERIES 3400 DEFENSES AND INSANITY
F 3470 Right To Self-Defense Or Defense Of Another (Non-Homicide)
TABLE OF CONTENTS
F 3470.1 Titles And Identification Of Parties
F 3470.1 Inst 1 Right To Self-Defense Or Defense Of Another (Non-Homicide)—Title
F 3470.1 Inst 2 Identification Of Prosecution And Defendant
F 3470.2 Right To Self-Defense Or Defense Of Another (Non-Homicide)—Burden Of Proof
F 3470.2 Inst 1 (a & b) Deletion Of Burden Shifting Language
F 3470.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
F 3470.2 Inst 3 Antecedent Threats: Modification Of Burden Shifting Language
F 3470.2 Inst 4 Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
F 3470.2 Inst 5 Whether Defendant Used Unreasonable Force: Modification Of Burden Shifting Language
F 3470.3 Prior Conduct Of Victim And Associates Re: Defendant’s Subjective Belief And Objective Reasonableness
F 3470.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
F 3470.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
F 3470.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
F 3470.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
F 3470.4 Prior Conduct Of Victim Re: Identification Of Assailant
F 3470.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
F 3470.4 Inst 2 Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
F 3470.5 Reasonable Person Standard
F 3470.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
F 3470.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
F 3470.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
F 3470.6 What Conduct Justifies Self-Defense
F 3470.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
F 3470.6 Inst 2 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
F 3470.7 Self-Defense: Miscellaneous
F 3470.7 Inst 1 Deletion Of Argumentative And Duplicative Language
F 3470.7 Inst 2 Transferred Self-Defense
F 3470.7 Inst 3 Jurors Must Unanimously Reject Any Defenses Before Convicting
F 3470.7 Inst 4 Self-Defense Available When Defendant Threatens To Use Force
Return to Series 3400 Table of Contents.
F 3470.1 Titles And Identification Of Parties
F 3470.1 Inst 1 Right To Self-Defense Or Defense Of Another (Non-Homicide)—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 3470.1 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 3470.2 Right To Self-Defense Or Defense Of Another (Non-Homicide)—Burden Of Proof
F 3470.2 Inst 1 (a & b) Deletion Of Burden Shifting Language
*Modify CC 3470, paragraph 1, sentence 1, as follows [added language is underlined; deleted language is stricken]:
The defendant is not guilty of __________ <insert crime(s) charged> if unless the prosecution proves beyond a reasonable doubt that (he/she) used force against the other person did not act in lawful (self-defense/ [or] defense of another).
Alternative a:
For purposes of deciding, if you can, whether the prosecution has met its burden of disproving (self-defense/ [and/or] defense of another), self-defense is defined as the use of force against another in which the person who used force:
1. Believed that(he/she/ [or] someone else/ [or] __________ <insert name of third party>) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully];
2. Believed the threatened harm was immediate;
3. Believed that the use of force was necessary to defendant against the threat;
AND
4. The beliefs of the person who used force were reasonable.
Alternative b:
To meet its burden of disproving (self-defense/ [and/or] defense of another) the prosecution must proof at least one of the following beyond a reasonable doubt:
1. The defendant did not reasonably believe that (he/she/ [or] someone else/[or] __________ <insert name of third party>) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully];
2. The defendant did not reasonably believe that the immediate use of force was necessary to defend against that danger;
AND
3. The defendant used more force than was reasonably necessary to defend against that danger.
Points and Authorities
See FORECITE F 505.2 Inst 1.
F 3470.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
*Modify CC 3470, paragraph 3, sentence 1, as follows [added language is underlined; deleted language is stricken]:
When deciding, if you can, whether the prosecution has proven that the defendant’s beliefs were not reasonable, consider all the circumstances as they were [known to] and [appeared to] the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed.
Points and Authorities
See FORECITE F 505.2 Inst 2.
F 3470.2 Inst 3 Antecedent Threats: Modification Of Burden Shifting Language
*Add to and modify CC 3470, paragraphs 5, 6, 7 & 8, as follows [added language is underlined; deleted language is stricken]:
In determining whether the prosecution proven that the defendant’s conduct or beliefs were unreasonable consider all the circumstances including, but not limited to the following <insert only applicable factors>:
1. [If you find that Whether [the victim] __________<insert name of victim> threatened or harmed the defendant [or others] in the past;, you may consider that information in deciding whether the defendant’s conduct and beliefs were reasonable.]
2. [If you find that Whether the defendant knew that __________<insert name of victim> had threatened or harmed others in the past;, you may consider that information in deciding whether the defendant’s conduct and beliefs were reasonable.]
3. [If you find that Whether the defendant received a threat from someone else that (he/she) reasonably associated with __________<insert name of victim>;, you may consider that threat in deciding whether the defendant was justified in acting in (self-defense/ [or] defense of another).]
[Someone who has been threatened or harmed by a person in the past is justified in acting more quickly or taking greater self-defense measures against that person.]
Points and Authorities
See FORECITE F 505.2 Inst 4.
F 3470.2 Inst 4 Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
*Replace CC 3470, paragraph 3, sentence 2, as with:
Whether or not the danger actually existed is a factor to consider. However, even if the danger did not actually exist, this does not necessarily establish that the defendant’s beliefs were unreasonable.
Points and Authorities
See FORECITE F 505.2 Inst 5 (a & b).
F 3470.2 Inst 5 Whether Defendant Used Unreasonable Force: Modification Of Burden Shifting Language
*Modify CC 3470, paragraph 3, sentence 1, as follows [added language is underlined; deleted language is stricken]:
When deciding, if you can, whether the prosecution has proven that the defendant’s beliefs were force used by the defendant was unreasonable, consider all the circumstances as they wereknown to and or appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed.
Points and Authorities
Modification Of Burden Shifting Language—See FORECITE F 404.2 Inst 1.
No Duty To “Decide”—See FORECITE F 100.7 Inst 1.
F 3470.3 Prior Conduct Of Victim And Associates Re: Defendant’s Subjective Belief And Objective Reasonableness
F 3470.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
See FORECITE F 505.3 Inst 1.
F 3470.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
See FORECITE F 505.3 Inst 2.
F 3470.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
See FORECITE F 505.3 Inst 3.
F 3470.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
See FORECITE F 505.3 Inst 4.
F 3470.4 Prior Conduct Of Victim Re: Identification Of Assailant
F 3470.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
See FORECITE F 505.4 Inst 1.
F 3470.4 Inst 2Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
See FORECITE F 505.4 Inst 2.
F 3470.5 Reasonable Person Standard
F 3470.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
See FORECITE F 505.5 Inst 1.
F 3470.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
See FORECITE F 505.5 Inst 2.
F 3470.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
See FORECITE F 505.5 Inst 3.
F 3470.6 What Conduct Justifies Self-Defense
F 3470.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
See FORECITE F 505.6 Inst 1.
F 3470.6 Inst 2 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
See FORECITE F 505.3 Inst 3.
F 3470.7 Self-Defense: Miscellaneous
F 3470.7 Inst 1 Deletion Of Argumentative And Duplicative Language
*Delete CC 3470, paragraph 2, as follows [deleted language is stricken]:
Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of violence to (himself/herself/ [or] someone else). Defendant’s belief must have been reasonable and (he/she) must have acted because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the defendant did not act in lawful (self-defense/ [or] defense of another).
Points and Authorities
See FORECITE F 505.7 Inst 1.
F 3470.7 Inst 2 Transferred Self-Defense
See FORECITE F 505.7 Inst 2.
F 3470.7 Inst 3 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.
F 3470.7 Inst 4 Self-Defense Available When Defendant Threatens To Use Force
*Modify CC 3470, Elements 2 and 3, as follows [added language is underlined; deleted language is stricken]:
2. The defendant reasonably believed that the immediate threat to use of force was necessary to defend against that danger;
AND
3. The defendant threatened to used no more force than was reasonably necessary to defend against that danger.
Points and Authorities
See FORECITE F 505.6 Inst 5.