Return to CALJIC Part 5-8 – Contents
F 5.32 n1 Non-Homicidal Self-Defense: Burden Of Proof.
See FORECITE F 5.30a.
F 5.32 n2 Defense Of Others Applies To Fetus.
[See Brief Bank # B-661 for additional briefing on this issue.]
F 5.32 n3 Use Of Force In Defense Of Another: Duty To Instruct.
If there is substantial evidence to support a defense on which the defendant is relying, the trial court has a duty to instruct on that defense. (People v. Gonzales (99) 74 CA4th 382, 389 [88 CR2d 111].) [See Opinion Bank # O-267 and Brief Bank # B-874 for an unpublished opinion reversing on this point and briefing on this issue.]
F 5.32 n4 Defense Of Others: Applicability Of Imperfect (Unreasonable) Belief In Need To Defend.
(See FORECITE F 5.17 n16.)
F 5.32a
Use Of Force In Defense Of Another:
Applicable To Battery Without Bodily Harm
*Modify CJ 5.32 as follows [added language is capitalized, deleted language is between << >>]:
It is lawful for a person who, as a reasonable person, has grounds for believing and does believe that bodily injury OR ANY BATTERY is about to be inflicted upon ________ to protect that individual from attack.
In doing so, [he] [she] may use all force and means which that person believes to be reasonably necessary and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent the injury OR BATTERY which appears to be imminent.
[Add definition of battery: see CJ 16.141.]
Points and Authorities
(See FORECITE F 5.30d.)
F 5.32b
Self-Defense:
Defense Of Others Applies To Attack On Person Trying To Prevent Rescue
*Add to CJ 5.32:
If the defendant was lawfully defending another person, the defendant also has the right to use reasonably necessary force, against any person who attempts to prevent the defendant from defending the other person.
Points and Authorities
The common law “defense of others” doctrine is applicable to an attack on the defendant who is trying to defend another. The fact that the person the defendant originally defended against was not the original assailant does not render the defense inapplicable. (Duckett v. State (WY 1998) 966 P2d 941.)
F 5.32c
Self-Defense: Applicability To Aider And Abettor
(See FORECITE F 3.01o.)
