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SERIES 600 ATTEMPTED MURDER

G. ATTEMPT (600-604)

  • F 600 ATTEMPTED MURDER
  • F 600.1 TITLES AND IDENTIFICATION OF PARTIES
    • F 600.1 Inst 1 Attempted Murder—Title
    • F 600.1 Inst 2 Identification Of Prosecution And Defendant
  • F 600.2 ATTEMPTED MURDER—TAILORING TO FACTS: PERSONS, PLACES, THINGS AND THEORIES
    • F 600.2 Inst 1 Tailoring To Facts
    • F 600.2 Inst 2 The Actus Reus And Intent Elements Of CC 600 Do Not Accurately Reflect The Elements Of Attempted Murder Prosecuted Under A “Kill Zone” Theory
    • F 600.2 Inst 3 Multiple Counts Based On Firing A Single Shot – CALCRIM 600 Should Be Tailored To Reflect The Factual Elements Of The Kill Zone Theory*
    • F 600.2 Inst 4 Tailoring To Facts: CC 600 Should Name The Defendant And Alleged Victim
  • F 600.3 ATTEMPTED MURDER—LANGUAGE THAT IS ARGUMENTATIVE, CONFUSING, ETC.
    • F 600.3 Inst 1 Deletion Of Argumentative Language
    • F 600.3 Inst 2 Jurors May Consider Fact That Victim Was Not Killed
  • F 600.4 ATTEMPTED MURDER—BURDEN OF PROOF ISSUES
    • F 600.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 600.4 Inst 2 Modification Of Burden Shifting Language
  • F 600.5 ATTEMPTED MURDER—ELEMENTS AND DEFINITIONS
    • F 600.5 Inst 1 Concurrence Of Act And Intent
    • F 600.5 Inst 2 (a & b) Attempted Murder: Modification Of “Killing Zone” Instruction
    • F 600.5 Inst 3 The CALCRIM Instructions Fail To Make It Clear That Absence Of Passion/Quarrel And Absence Of Imperfect Defense Are Prerequisites Which The Jurors Must Find Before Convicting The Defendant Of Murder Or Attempted Murder
    • F 600.5 Inst 4 Primary vs. Secondary Target
  • F 600.6 ATTEMPTED MURDER—DEFENSE THEORIES
    • F 600.6 Inst 1 Defense Theory That Intent To Kill Cannot Be Presumed From Commission Of A Dangerous Crime (PC 664 & PC 187)
  • F 600.7 ATTEMPTED MURDER—PRELIMINARY FACT ISSUES [RESERVED]
  • F 600.8 ATTEMPTED MURDER—UNANIMITY/DUPLICITY/MULTIPLICITY [RESERVED]
  • F 600.9 ATTEMPTED MURDER—LESSER OFFENSE ISSUES [RESERVED]
  • F 600 NOTES
    • F 600 Note 1 Attempted Murder—CALCRIM Cross References And Research Notes
    • F 600 Note 2 Attempted Murder By Aider/Abettor: Perpetrator Must Harbor Malice (PC 664 & PC 187)
    • F 600 Note 3 Voluntary Intoxication As A Complete Defense To Attempted Murder
    • F 600 Note 4 Degree Of Attempted Murder (PC 664 & PC 187)
    • F 600 Note 5 Attempted Murder: Failure To Charge Premeditation Is Jurisdictional Defect Requiring Reversal Even Without Objection At Trial (PC 664 and PC 187)
    • F 600 Note 6 Instruction On Impact Of Provocation Upon Premeditation
    • F 600 Note 7 Derivative Liability Not Applicable To Premeditation Enhancement Of Attempted Murder (PC 664(a))
    • F 600 Note 8 Assault With Intent To Commit Murder (PC 217) As A Form Of Attempted Murder
    • F 600 Note 9 Attempted Murder: Inconsistent With Attempt To Induce Witness To Give False Testimony (PC 137(b))
    • F 600 Note 10 Attempted Murder: Heat Of Passion Or Imperfect Self Defense Warrant Lesser Of Attempted Voluntary Manslaughter
    • F 600 Note 11 Attempted Murder: Premeditated Enhancement—Aider And Abettor Need Not Personally Premeditate (PC 664(a))
    • F 600 Note 12 Attempted Murder: Whether Absence Of Intended Victim Is A Defense
    • F 600 Note 13 Conspiracy To Commit Attempted Murder: Offense Does Not Exist
    • F 600 Note 14 Attempted Murder: VC 13351 Not Applicable
    • F 600 Note 15 Attempted Murder: Attempted Voluntary Manslaughter As Lesser Included
    • F 600 Note 16 Attempted Murder: Transferred Intent Not Applicable
    • F 600 Note 17 Attempted Murder: “Zone Of Harm” Permits Two Convictions For Single Act
    • F 600 Note 18 Attempted Murder: Assault With Firearm Is Not A LIO
    • F 600 Note 19 Attempted Murder: Solicitation Of Police Officer
    • F 600 Note 20 Attempted Murder: Special Instruction On The “Kill Zone” Doctrine Is Unnecessary
    • F 600 Note 21 Attempted Murder: Special Instruction On The “Kill Zone” Doctrine Is Biased And Prejudicial
    • F 600 Note 22 Attempted Murder: The Special CALJIC Instruction On The “Kill Zone” Doctrine Misleads The Jury On Mens Rea
    • F 600 Note 23 Attempted Murder: No Special Verdict Form Required (PC 664 & PC 187)
  • F 601. ATTEMPTED MURDER: DELIBERATION AND PREMEDITATION
  • F 602 ATTEMPTED MURDER: PEACE OFFICER OR FIREFIGHTER
  • F 602 REVISION HISTORY AND COMMENTARY
  • F 603 ATTEMPTED VOLUNTARY MANSLAUGHTER: HEAT OF PASSION—LESSER INCLUDED OFFENSE
  • F 603 NOTES
  • F 604 ATTEMPTED VOLUNTARY MANSLAUGHTER: IMPERFECT SELF-DEFENSE—LESSER INCLUDED OFFENSE
    • F 604 Inst 1 In Defining Imperfect Defense As Existing Only Where Both Of The Defendant’s Beliefs Are Unreasonable, CALCRIM 604 Misstates The Law
    • F 604 Note 1 Additional Issues Regarding Imperfect Self-Defense
  • F 605B 619 RESERVED
  • H. CAUSATION: SPECIAL ISSUES (620)
  • F 620 CAUSATION: SPECIAL ISSUES [NO FORECITE ENTRIES ON THIS INSTRUCTION]
  • F 621B 624 RESERVED
  • I. IMPAIRMENT DEFENSES (625-627)
  • F 625 VOLUNTARY INTOXICATION: EFFECTS ON HOMICIDE CRIMES (Case Law Discussing This Instruction)
  • F 625.1 TITLES AND IDENTIFICATION OF PARTIES
    • F 625.1 Inst 1 Voluntary Intoxication: Effects On Homicide Crimes—Title
    • F 625.1 Inst 2 Identification Of Prosecution And Defendant
  • F 625.2 INSTRUCTIONS
    • F 625.2 Inst 1 Related Materials
    • F 625.2 Inst 2 Relating Intoxication To Mens Rea At The Time Of The Killing
    • F 625.2 Inst 3 “Consider” vs. “May Consider” Intoxication
    • F 625.2 Inst 4 Involuntary Manslaughter: Voluntary Intoxication Short Of Unconsciousness (PC 192)
    • F 625.2 Inst 5 No Reference To Whether Or Not Intoxication Was Voluntary Unless That Issue Is Raised By The Evidence
    • F 625.2 Inst 6 Involuntary Intoxication: Effects On Homicide Crimes
    • F 625.2 Inst 7 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
  • F 625 NOTES
    • F 625 Note 1 VOLUNTARY INTOXICATION CAUSING UNCONSCIOUSNESS: EFFECTS ON HOMICIDE CRIMES
    • F 625 Note 2 Involuntary Manslaughter When Defendant Intentionally Commits An ADW Without Intent To Kill
  • F 626 VOLUNTARY INTOXICATION CAUSING UNCONSCIOUSNESS: EFFECTS ON HOMICIDE CRIMES (Case Law Discussing This Instruction)
  • F 626.1 TITLES AND IDENTIFICATION OF PARTIES
    • F 626.1 Inst 1 Voluntary Intoxication Causing Unconsciousness: Effects On Homicide Crimes—Title
    • F 626.1 Inst 2 Identification Of Prosecution And Defendant
  • F 626.2 INSTRUCTIONS
    • F 626.2 Inst 1 Modification Of Title
    • F 626.2 Inst 2 Involuntary Manslaughter: Voluntary Intoxication Short Of Unconsciousness (PC 192)
    • F 626.2 Inst 3 Involuntary Manslaughter Based On Unconsciousness: Improper Requirement That Lack Of Intent To Kill And Conscious Disregard For Life Must Be Found Beyond A Reasonable Doubt
    • F 626.2 Inst 4 No Reference To Whether Or Not Intoxication Was Voluntary Unless That Issue Is Raised By The Evidence
    • F 626.2 Inst 5 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
  • F 626 NOTES
    • F 626 Note 1 Voluntary Intoxication Causing Unconsciousness: Effects On Homicide Crimes—CALCRIM Cross References And Research Notes
    • F 626 Note 2. Killing While Unconscious: Necessity Of Definition Of Unconscious
    • F 626 Note 3 Involuntary Manslaughter When Defendant Has No Memory Of The Killing
    • F 626 Note 4 Availability Of Unconsciousness When Defendant Was Aware Before And After The Killing
    • F 626 Note 5 Negligence In Self-Intoxicating As Basis For Involuntary Manslaughter Instruction
  • F 627 HALLUCINATION: EFFECT ON PREMEDITATION
    • F 627 Inst 1 Modification Of Hallucination Instruction For Attempted Murder Cases
    • F 627 Inst 2 Jurors Must Consider Hallucination Evidence
    • F 627 Inst 3 Defendant Must Have Acted Willfully And With Deliberation And Premeditation
    • F 627 Inst 4 Jurors Only Required To “Decide” The Premeditation/Deliberation Issue “If They Can”
    • F 627 Inst 5 Concurrence Of Act And Intent/Mental State
  • F 628B 639 RESERVED
  • J. CHARGE TO JURY (640-641)
  • F 640 PROCEDURE FOR COMPLETION OF VERDICT FORMS: WITH STONE INSTRUCTION
  • F 640 NOTES
    • F 640 Note 1 The CALCRIM Instruction On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
    • F 640 Note 2 Additional Acquittal First Issues
  • F 641 PROCEDURE FOR COMPLETION OF VERDICT FORMS: WITHOUT STONE INSTRUCTION
  • F 641 NOTES
    • F 641 Note 1 The CALCRIM Instruction On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements
    • F 641 Note 2 Additional Acquittal First Issues
  • F 642B 699 RESERVED
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