Return to CALJIC Part 9-12 – Contents
F 9.26 n1 Honest Belief In Need To Defend Against Arrest As Voluntary Manslaughter.
CJ 9.26 explains that a person who is being arrested by an officer using unreasonable or excessive force may use reasonable force to defend against the use of such excessive force. However, when appropriate, this instruction should be supplemented to make it clear that even if the defendant used unreasonable or excessive force in response to the officer’s use of unreasonable or excessive force, a killing that results is without malice and, at most, voluntary manslaughter provided the defendant honestly believed that the degree of force used was, in fact, necessary. (See People v. Mayfield (97) 14 C4th 668, 777-78 [60 CR2d 1].)
F 9.26 n2 Excessive Force And Deadly Force.
(See FORECITE F 9.80 n5.)