Return to CALJIC Part 5-8 – Contents
F 5.51 n1 Self-Defense: Consideration Of Antecedent Threats.
See FORECITE F 5.12a for instruction regarding consideration of antecedent treats made by the victim against the defendant and/or another party.
F 5.51 n2 Self-Defense: Sua Sponte Duty To Instruct.
[See Brief Bank # B-922 and Opinion Bank # O-314 for briefing and an unpublished opinion addressing this issue.]
Self-Defense: Applicable To Battery Without Bodily Harm
*Modify CJ 5.51 as follows [added language is capitalized, deleted language is between << >>]:
Actual danger is not necessary to justify self-defense. If one is confronted by the appearance of danger which arouses in [his] [her] mind, as a reasonable person, an actual belief and feat that [he] [she] is about to suffer bodily injury OR ANY BATTERY, and if a reasonable person in a like situation, seeing and knowing the same facts, would be justified in believing [himself] [herself] in like danger, and if that individual so confronted acts in self-defense upon these appearances and from that fear and actual beliefs, the person’s right of self-defense is the same whether the danger is real or merely apparent.
[Add definition of battery: see CJ 16.141.]
Points and Authorities
(See FORECITE F 5.30d.)