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SERIES 500 HOMICIDE

F 582 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged

TABLE OF CONTENTS
F 582.1 Titles And Identification Of Parties
F 582.1 Inst 1 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged—Title
F 582.1 Inst 2 Identification Of Prosecution And Defendant

F 582.2 Involuntary Manslaughter: Failure to Perform Legal DutyC Murder Not Charged: Tailoring To Facts: Persons, Places, Things And Theories
F 582.2 Inst 1 Failure To Act: Criminal Negligence Should Be Tailored To The Facts
F 582.2 Inst 2 Tailoring To Facts: Causation

F 582.3 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Language That Is Argumentative, Confusing, Etc. [Reserved]

F 582.4 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Burden Of Proof Issues
F 582.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 582.4 Inst 2 Jurors Not Limited To Consideration Of Circumstance “Established By The Evidence”

F 582.5 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Elements And Definitions
F 582.5 Inst 1 Criminal Negligence “Requires” More Than Ordinary Negligence

F 582.6 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Defense Theories [Reserved]

F 582.7 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Preliminary Fact Issues [Reserved]

F 582.8 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Unanimity/Duplicity/Multiplicity [Reserved]

F 582.9 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Lesser Offense Issues [Reserved]

Return to Series 500 Table of Contents.


F 582.1 Titles And Identification Of Parties

F 582.1 Inst 1 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 582.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 582.2 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Tailoring To Facts: Persons, Places, Things And Theories

F 582.2 Inst 1 Failure To Act: Criminal Negligence Should Be Tailored To The Facts

*Replace Elements of CC 582 with the following:

To prove that the defendant is guilty of this crime, the prosecution must prove beyond a reasonable doubt that:

1. The defendant had a legal duty of _______________ <specify duty> to _______________ <insert name of decedent>;

2. The defendant failed to perform that legal duty by _______________ <insert alleged failure to act>;

3. The defendant did so in a reckless way that created a high risk of death or great bodily injury to a human being;

4. A reasonable person, under all the circumstances as they were known and appeared to the defendant, would have known that committing the act in the way the defendant is alleged to have done would create a high risk of death or great bodily injury to a human being.

5. The defendant acted in a way that was so different from the way an ordinarily careful person would act in the same situation that his or her act amounted to disregard for human life or indifference to the consequences of that act.

Points and Authorities

See FORECITE F 581.2 Inst 1.


F 582.2 Inst 2 Tailoring To Facts: Causation

See FORECITE F 581.2 Inst 2.


F 582.3 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Language That Is Argumentative, Confusing, Etc. [Reserved]


F 582.4 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged: Burden Of Proof Issues

F 582.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 582.4 Inst 2 Jurors Not Limited To Consideration Of Circumstance “Established By The Evidence”

See FORECITE F 581.4 Inst 2.


F 582.5 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Elements And Definitions

F 582.5 Inst 1 Criminal Negligence “Requires” More Than Ordinary Negligence

See FORECITE F 580.5 Inst 1.


F 582.6 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Defense Theories [Reserved]


F 582.7 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Preliminary Fact Issues [Reserved]


F 582.8 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Unanimity/Duplicity/Multiplicity [Reserved]


F 582.9 Involuntary Manslaughter: Failure To Perform Legal Duty—Murder Not Charged: Lesser Offense Issues [Reserved]

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