SERIES 500 HOMICIDE
F 572 Voluntary Manslaughter: Murder Not Charged
TABLE OF CONTENTS
F 572.1 Titles And Identification Of Parties
F 572.1 Inst 1 Voluntary Manslaughter: Murder Not Charged—Title
F 572.1 Inst 2 Identification Of Prosecution And Defendant
F 572.2 Voluntary Manslaughter: Murder Not Charged—Tailoring To Facts: Persons, Places, Things And Theories
F 572.2 Inst 1 Tailoring To Facts
F 572.3 Voluntary Manslaughter: Murder Not Charged—Language That Is Argumentative, Confusing, Etc.
F 572.3 Inst 1 Deletion Of Unnecessary Surplusage ("Excuse" And "Justification" )
F 572.4 Voluntary Manslaughter: Murder Not Charged—Burden Of Proof Issues
F 572.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 572.5 Voluntary Manslaughter: Murder Not Charged—Elements And Definitions
F 572.5 Inst 1 Voluntary Manslaughter: Murder Not Charged—Concurrence Of Act And Intent
F 572.6 Voluntary Manslaughter: Murder Not Charged—Defense Theories [Reserved]
F 572.7 Voluntary Manslaughter: Murder Not Charged—Preliminary Fact Issues [Reserved]
F 572.8 Voluntary Manslaughter: Murder Not Charged—Unanimity/Duplicity/Multiplicity [Reserved]
F 572.9 Voluntary Manslaughter: Murder Not Charged—Lesser Offense Issues [Reserved]
Return to Series 500 Table of Contents.
F 572.1 Titles And Identification Of Parties
F 572.1 Inst 1 Voluntary Manslaughter: Murder Not Charged—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 572.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1 and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 572.2 Voluntary Manslaughter: Murder Not Charged—Tailoring To Facts: Persons, Places, Things And Theories
F 572.2 Inst 1 Tailoring To Facts
*Modify CC 572, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant committed an act that caused the death of another person ____________<insert name of decedent>;
*Modify Element 2 as follows:
2. When the defendant acted committed the act, (he/she) unlawfully intended to kill someone ____________<insert name of decedent or intended victim if transferred intent applies (see CC _______)>(;/.)
*Modify Element 3 as follows:
3. (He/She) did not killed person ____________<insert name of decedent> without lawful excuse or justification _______________<insert defense theory which prosecution must disprove, e.g., in self-defense, accidentally, etc.>.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank # CCM-001.]
Tailoring By Inserting Name Of Decedent—See FORECITE F 820.2 Inst 1.
"Committed The Act…"—See FORECITE F 251 Inst 3.
Deletion Of "Lawful Excuse Or Justification"—See FORECITE F 500.2 Inst 3.
Use Of The Term "Defendant"—The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term "defendant" in this instructional request, the defense does not withdraw the request.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 572.3 Voluntary Manslaughter: Murder Not Charged—Language That Is Argumentative, Confusing, Etc.
F 572.3 Inst 1 Deletion Of Unnecessary Surplusage ("Excuse" And "Justification" )
*Modify CC 572 Element 3 as follows [added language is underlined; deleted language is stricken]:
3. (He/She) did not killed without lawful excuse or justification _______________<insert defense theory which prosecution must disprove, e.g., in self-defense, accidentally, etc.>.]
Points and Authorities
Use of the terms "excuse" and "justification" constructs is unnecessary surplusage and is potentially misleading. (See FORECITE F 500.2 Inst 3.)
F 572.4 Voluntary Manslaughter: Murder Not Charged—Burden Of Proof Issues
F 572.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 572.5 Voluntary Manslaughter: Murder Not Charged—Elements And Definitions
F 572.5 Inst 1 Voluntary Manslaughter: Murder Not Charged—Concurrence Of Act And Intent
*Modify CC 572 Element 2 as follows [added language is underlined; deleted language is stricken]:
2. When the defendant acted committed the act, (he/she) unlawfully intended to kill someone(;/.)
*Modify CC 572 2nd Element 3 as follows:
3. At the time (he/she) acted committed the act, (he/she) knew the act was dangerous to human life;
*Modify CC 572 Element 4 as follows:
4. (He/She) deliberately acted committed the act with conscious disregard for human life(;/.)
Points and Authorities
See FORECITE F 251 Inst 3.
F 572.6 Voluntary Manslaughter: Murder Not Charged—Defense Theories [Reserved]
F 572.7 Voluntary Manslaughter: Murder Not Charged—Preliminary Fact Issues [Reserved]
F 572.8 Voluntary Manslaughter: Murder Not Charged—Unanimity/Duplicity/Multiplicity [Reserved]
F 572.9 Voluntary Manslaughter: Murder Not Charged—Lesser Offense Issues [Reserved]
