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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[See Brief Bank # B-922 and Opinion Bank # O-314 for briefing and an unpublished opinion addressing this issue.]


F 5.51a

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.)

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