SERIES 3400 DEFENSES AND INSANITY
3470 NOTES
TABLE OF CONTENTS
F 3470 Note 1 Right To Self-Defense Or Defense Of Another (Non-Homicide)—CALCRIM Cross References And Research Notes
F 3470 Note 2 Self-Defense: Battered Woman/Child Syndrome
F 3470 Note 3 Self-Defense: Vulnerability Of Defendant To Show Honest Belief In Peril
F 3470 Note 4 Self-Defense: Abnormal Fear As Evidence Of Honest Belief Of Peril
F 3470 Note 5 Duty To Instruct On Self-Defense Or Imperfect Self-Defense When Defendant Has Not Testified
F 3470 Note 6 Antecedent Threat Doctrine Applies To Recent Threats Or Violence By Victim
F 3470 Note 7 Failure To Request Antecedent Threats Instruction As IAC
F 3470 Note 8 Self-Defense: Applicability To Aider And Abettor
F 3470 Note 9 Prisoner’s Right To Self Defense
F 3470 Note 10 Excessive Force Principals Apply To Arrests By Both Police Officers And Citizens
F 3470 Note 11 CALCRIM 505 Should Not Be Used For Non-Homicide Target Crimes In A Homicide Prosecution Based On The Natural And Probable Consequences Doctrine Of Aider And Abettor Liability
F 3470 Note 12 Self-Defense Premised On Non-Homicide Offense
Series 3400 Table of Contents.
F 3470 Note 1 Right To Self-Defense Or Defense Of Another (Non-Homicide)—CALCRIM Cross References And Research Notes
CALCRIM Cross-References:
CALCRIM 506–511 [Justifiable and Excusable Homicides]
CALCRIM 3470–3477 [Defense Instructions: Defense of Self, Another, Property]
CALCRIM 571 [Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense]
Research Notes:
See CLARAWEB Forum, Homicide—Series 500-700.
F 3470 Note 2 Self-Defense: Battered Woman/Child Syndrome
See FORECITE F 505 Note 4.
F 3470 Note 3 Self-Defense: Vulnerability Of Defendant To Show Honest Belief In Peril
See FORECITE F 505 Note 5.
F 3470 Note 4 Self-Defense: Abnormal Fear As Evidence Of Honest Belief Of Peril
See FORECITE F 505 Note 6.
F 3470 Note 5 Duty To Instruct On Self-Defense Or Imperfect Self-Defense When Defendant Has Not Testified
See FORECITE F 505 Note 7.
F 3470 Note 6 Antecedent Threat Doctrine Applies To Recent Threats Or Violence By Victim
See FORECITE F 505 Note 8.
F 3470 Note 7 Failure To Request Antecedent Threats Instruction As IAC
See FORECITE F 505 Note 9.
F 3470 Note 8 Self-Defense: Applicability To Aider And Abettor
See FORECITE F 505 Note 10.
F 3470 Note 9 Prisoner’s Right To Self Defense
See People v. Saavedra (2007) 156 CA4th 561 [an inmate can raise self-defense where the prisoner was under imminent mortal attack, had no opportunity to seek protection of the authorities, and temporarily seized a prohibited weapon in order to save his life].
F 3470 Note 10 Excessive Force Principals Apply To Arrests By Both Police Officers And Citizens
When a peace officer or a private citizen employs reasonable force to make an arrest, the arrestee is obliged not to resist, and has no right of self-defense against such force. (People v. Gonzalez (1990) 51 C3d 1179, 1219.) It is clear that the rules on excessive force apply to both arrests by police officers and citizen arrests. (People v. Adams (2009) 176 CA4th 946.)
F 3470 Note 11 CALCRIM 505 Should Not Be Used For Non-Homicide Target Crimes In A Homicide Prosecution Based On The Natural And Probable Consequences Doctrine Of Aider And Abettor Liability
See FORECITE F 505 Note 12.
F 3470 Note 12 Self-Defense Premised On Non-Homicide Offense
See FORECITE F 505 Note 13.
