CC 3471 Is Superfluous When Self Defense Instructions (CC 3470, CC 3472, CC 3474) Are Given
June 5th, 2015
CC 3471, explaining to the jury when a defendant engaged in mutual combat can lawfully use force in self-defense, need not be given when the jury is already being provided standard self defense instructions, such as CC 3470, CC 3472, and CC 3474. As People v. Johnson (2009) 180 Cal. App. 4th 702, explained, CC 3471 merely charges the jury to make a preliminary determination when a defendant engaged in mutual combat can use self-defense; but if the instructions provided already assume that self defense can be used, CC 3471 is superfluous.
Tags: CC 3470, CC 3471, CC 3472, CC 3474, Self Defense