SERIES 1500 ARSON
F 1501 Arson: Great Bodily Injury (PC 451)
TABLE OF CONTENTS
F 1501.1 Titles And Identification Of Parties
F 1501.1 Inst 1 Arson: Great Bodily Injury—Title
F 1501.1 Inst 2 Identification Of Prosecution And Defendant
F 1501.2 Arson: Great Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1501.3 Arson: Great Bodily Injury—Language That Is Argumentative, Confusing, Etc.
F 1501.3 Inst 1 Willfully: Argumentative
F 1501.4 Arson: Great Bodily Injury—Burden Of Proof Issues
F 1501.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1501.5 Arson: Great Bodily Injury—Elements And Definitions
F 1501.5 Inst 1 Separate Enumeration Of Combined Elements: Willfully And Maliciously
F 1501.5 Inst 2 Defendant “Caused” Burning: Specification Of Causation Definition And Elements
F 1501.5 Inst 3 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
F 1501.5 Inst 4 Arson—Burning Of Other Person’s Property As Element
F 1501.5 Inst 5 Willfully: Knowledge
F 1501.6 Arson: Great Bodily Injury—Defense Theories
F 1501.6 Inst 1 Property Of Another: Pinpoint Instruction
F 1501.7 Arson: Great Bodily Injury—Preliminary Fact Issues [Reserved]
F 1501.8 Arson: Great Bodily Injury—Unanimity/Duplicity/Multiplicity [Reserved]
F 1501.9 Arson: Great Bodily Injury—Lesser Offense Issues [Reserved]
Return to Series 1500 Table of Contents.
F 1501.1 Titles And Identification Of Parties
F 1501.1 Inst 1 Arson: Great Bodily Injury—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1501.1 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 1501.2Arson: Great Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1501.3 Arson: Great Bodily Injury—Language That Is Argumentative, Confusing, Etc.
F 1501.3 Inst 1 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 1501.4 Arson: Great Bodily Injury—Burden Of Proof Issues
F 1501.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1501.5 Arson: Great Bodily Injury—Elements And Definitions
F 1501.5 Inst 1 Separate Enumeration Of Combined Elements: Willfully And Maliciously
*Modify CC 1501, Element 2, as follows [added language is underlined; deleted language is stricken]:
2. (He/She) acted did so:
A. Willfully;
and
B. Maliciously;
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 1501.5 Inst 2 Defendant “Caused” Burning: Specification Of Causation Definition And Elements
*Add to CC 1501, Element 1:
To prove that the defendant’s act of _______________ <insert the act> “caused” the burning of _______________ <insert what was burned>, the prosecution must prove beyond a reasonable doubt that the burning:
A. Would not have happened without the act; and
B. Was the direct, natural and probably consequence of the act; and
C. A reasonable person in the defendant’s situation, in light of all the circumstances as they were known to and appeared to the defendant, would have known that the _______________ <insert what was caused> was likely to happen if nothing unusual intervened.
D. The [_______________ <insert act>] was a substantial factor in causing the _______________ <insert what was caused> (injury/ ______________ <insert other description>)].
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
The Elements Defining Causation Should Be Included In The Enumerated Elements—See FORECITE F 1551.5 Inst 7.
The CALCRIM Deficiency: Failure To Define Causation—CALCRIM 1501 erroneously fails to include any definition of causation. (Compare CC 1551.) Because the definitional elements of causation are elements of the offense, the jurors must be instructed on those elements. (See In re Winship (1970) 397 US 358 [25 LEd2d 368; 90 SCt 1068].) [See also FORECITE F 103.2 Inst 1.]
F 1501.5 Inst 3 Incorporation Of Definitions: “Structure,” “Forest Land” And “Property”
*Modify CC 1501, Element 1, as follows [added language is underlined; deleted language is stricken]:
[Change “structure” to “(building/bridge/tunnel/power plant/commercial or public tent)“]
[Change “forest land” to “_______________ <specify or describe forest land>“]
[Change “property” to “(personal property/ _________<specify or describe land other than forest land>)“]
[Delete paragraph 7, 8 & 9.]
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 1501.5 Inst 4 Arson—Burning Of Other Person’s Property As Element
See FORECITE F 1515.5 Inst 1.
For pinpoint instruction on this element, see FORECITE F 1515.6 Inst 1.
F 1501.5 Inst 5 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1501.6 Arson: Great Bodily Injury—Defense Theories
F 1501.6 Inst 1 Property Of Another: Pinpoint Instruction
See FORECITE F 1515.6 Inst 1.
F 1501.7 Arson: Great Bodily Injury—Preliminary Fact Issues [Reserved]
F 1501.8 Arson: Great Bodily Injury—Unanimity/Duplicity/Multiplicity [Reserved]
F 1501.9 Arson: Great Bodily Injury—Lesser Offense Issues [Reserved]