SERIES 3400 DEFENSES AND INSANITY
F 3476 Right To Defend Real Or Personal Property
TABLE OF CONTENTS
F 3476 Inst 1 Defense Of Property: Correction Of Burden Shifting Language; Defense Pinpoint Instruction
F 3476 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
F 3476 Inst 3 Jurors Must Unanimously Reject Any Defenses Before Convicting
Return to Series 3400 Table of Contents.
F 3476 Inst 1 Defense Of Property: Correction Of Burden Shifting Language; Defense Pinpoint Instruction
*Add to CC 3476 [CC 3400 adaption]:
The prosecution must prove beyond a reasonable doubt that the defendant committed __________<insert crime> and did not act in lawful defense of property from imminent harm. The defendant contends that (he/she) acted in self-defense by using reasonable force to protect [(his/her) property] [the property of (his/her) (family member/guest/master/servant/ward) from imminent harm.
However, the defendant does not need to prove this contention.
The prosecution has the burden of proving that (1) the defendant was not defending [(his/her) property] [the property of (his/her) (family member/guest/master/servant/ward)] from imminent harm, or (2) the defendant used more force than was reasonable to protect the property. If you have a reasonable doubt about whether the People have met this burden you must find the defendant not guilty of __________<insert crime>.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Pinpoint Instruction Relating Defense Theory To Burden Of Proof—See FORECITE F 315.1.2 Inst 2.
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 3476 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
See FORECITE F 3470.2 Inst 5.
F 3476 Inst 3 Jurors Must Unanimously Reject Any Defenses Before Convicting
See FORECITE F 3500.2 Inst 4.