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SERIES 500 HOMICIDE

A. General Principles (500)

  • F 500 Homicide: General Principles
  • F 500.1 Titles And Identification Of Parties
    • F 500.1 Inst 1 Homicide: General Principles—Title
    • F 500.1 Inst 2 Identification Of Prosecution And Defendant
  • F 500.2 Homicide: General Principles—Tailoring To Facts: Persons, Places, Things And Theories
    • F 500.2 Inst 1 Improper Presumption That Homicide Is Unlawful
    • F 500.2 Inst 2 Homicide: General Principles—Improper Burden Shifting Language
    • F 500.2 Inst 3 Homicide: General Principles—Deletion Of Instruction On Justification And Excuse As Overly Vague, Theoretical And Misleading
    • F 500.2 Inst 4 Jury Not Required To Decide If Defendant Killed Unlawfully
  • F 501B 504 Reserved
  • B. Justifications and Excuses (505-512)
  • F 505 Justifiable Homicide: Self-Defense or Defense of Another (Case Law Discussing This Instruction)
  • F 505.1 Titles And Identification Of Parties
    • F 505.1 Inst 1 Justifiable Homicide: Self-Defense or Defense of Another—Title
    • F 505.1 Inst 2 Identification Of Prosecution And Defendant
    • F 505.1 Inst 3 Delete “Justifiable Homicide” From Title
  • F 505.2 Self-Defense: Burden Of Proof
    • F 505.2 Inst 1 Deletion Of Term “Justifiable Homicide” And Burden Shifting Language
    • F 505.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
    • F 505.2 Inst 3 Self-Defense: Expression Of Prosecution Burden In Terms Of “Self-Defense” Rather Than Justification
    • F 505.2 Inst 4 Antecedent Threats: Modification Of Burden Shifting Language
    • F 505.2 Inst 5 (a & b) Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
    • F 505.2 Inst 6 Whether Defendant Used Unreasonable Force: Modification Of Burden Shifting Language
  • F 505.3 Prior Conduct Of Victim And Associates Re: Defendant’s Subjective Belief And Objective Reasonableness
    • F 505.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
    • F 505.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
    • F 505.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
    • F 505.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
  • F 505.4 Prior Conduct Of Victim Re: Identification Of Assailant
    • F 505.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
    • F 505.4 Inst 2 Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
  • F 505.5 Reasonable Person Standard
    • F 505.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
    • F 505.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
    • F 505.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
  • F 505.6 What Conduct Justifies Self-Defense
    • F 505.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
    • F 505.6 Inst 2 Assault By Hands Or Fists May Justify Use Of Deadly Force In Self-Defense
    • F 505.6 Inst 3 Definition Of Great Bodily Injury (PC 197 & PC 198)
    • F 505.6 Inst 4 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
    • F 505.6 Inst 5 Self-Defense Available When Defendant Only Threatens to Use Force
    • F 505.6 Inst 6 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
  • F 505.7 Self-Defense: Miscellaneous
    • F 505.7 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 505.7 Inst 2 Transferred Self-Defense
  • F 505 NOTES
    • F 505 Note 1 Justifiable Homicide: Self-Defense or Defense of Another—CALCRIM Cross References and Research Notes
    • F 505 Note 2 Applicability Of Self-Defense To Felony Murder (PC 197 & PC 198)
    • F 505 Note 3 Self-Defense: When Self-Defense May Be Used Against Arrest By Private Citizen (PC 197 & PC 198)
    • F 505 Note 4 Self-Defense: Battered Woman/Child Syndrome (PC 197 & PC 198)
    • F 505 Note 5 Self-Defense: Vulnerability Of Defendant To Show Honest Belief In Peril (PC 197 & PC 198)
    • F 505 Note 6 Self-Defense: Abnormal Fear As Evidence Of Honest Belief Of Peril (PC 197 & PC 198)
    • F 505 Note 7 Duty To Instruct On Self-defense Or Imperfect Self-defense When Defendant Has Not Testified
    • F 505 Note 8 Antecedent Threat Doctrine Applies To Recent Threats Or Violence By Victim
    • F 505 Note 9 Failure To Request Antecedent Threats Instruction As IAC
    • F 505 Note 10 Self-Defense: Applicability To Aider And Abettor
    • F 505 Note 11 Prisoner’s Right To Self Defense
    • F 505 Note 12 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 505 Note 13 Self-Defense Premised On Non-Homicide Offense
  • F 506 Justifiable Homicide: Defending Against Harm to Person Within Home or on Property
  • F 506.1 Titles And Identification Of Parties
    • F 506.1 Inst 1 Justifiable Homicide: Defending Against Harm to Person Within Home or on Property—Title
    • F 506.1 Inst 2 Identification Of Prosecution And Defendant
    • F 506.1.1 Inst 1 Delete “Justifiable Homicide” From Title
  • F 506.2 Self-Defense: Burden Of Proof
    • F 506.2 Inst 1 Deletion Of Term “Justifiable Homicide” And Burden Shifting Language
    • F 506.2 Inst 2 Beliefs Were Unreasonable: Modification Of Burden Shifting Language; No Duty To Decide
    • F 506.2 Inst 3 Self-Defense: Expression Of Prosecution Burden In Terms Of “Self-Defense” Rather Than Justification
    • F 506.2 Inst 4 Antecedent Threats: Modification Of Burden Shifting Language
    • F 506.2 Inst 5 (a & b) Whether Danger Actually Existed: Modification Of Improper Burden Shifting Language
    • F 506.2 Inst 6 Antecedent Threats: Modification Of Burden Shifting Language
  • F 506.3 Prior Conduct Of Victim And Associates Re: Defendant’s Subjective Belief And Objective Reasonableness
    • F 506.3 Inst 1 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self-Defense
    • F 506.3 Inst 2 Antecedent Threats By A Third Party Or Group Justify Quicker And Harsher Measures In Self-Defense
    • F 506.3 Inst 3 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
    • F 506.3 Inst 4 Battered Person Syndrome As Relevant To Issue Of Imminent Danger
  • F 506.4 Prior Conduct Of Victim Re: Identification Of Assailant
    • F 506.4 Inst 1 Assaultive Character To Show Victim Acted In Conformity With Character
    • F 506.4 Inst 2 Evidence Of Assaultive Acts To Show Victim Acted In Accordance With Character And To Show Reasonableness Of Defendant’s Belief
  • F 506.5 Reasonable Person Standard
    • F 506.5 Inst 1 Improper Requirement That Actual Force Used Not Be Unreasonable
    • F 506.5 Inst 2 Reasonable Person Standard: Consideration Of Specific Circumstances
    • F 506.5 Inst 3 Reasonable Person Standard: The “Same” Rather Then A “Similar” Situation
  • F 506.6 What Conduct Justifies Self-Defenses
    • F 506.6 Inst 1 Self-Defense: Driving By Person Who May Initiate An Assault Does Not Negate Driver’s Right To Self-Defense
    • F 506.6 Inst 2 Assault By Hands Or Fists May Justify Use Of Deadly Force In Self-Defense
    • F 506.6 Inst 3 Definition Of Great Bodily Injury (PC 197 & PC 198)
    • F 506.6 Inst 4 Antecedent Threats: Existence Of Threat To Be Determined In Light Of All The Surrounding Circumstances
  • F 506.7 Self-Defense: Miscellaneous
    • F 506.7 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 506.7 Inst 2 Transferred Self-Defense
  • F 506 NOTES
    • F 506 Note 1 Justifiable Homicide: Self-Defense or Defense of Another—CALCRIM Cross References And Research Notes
    • F 506 Note 2 Applicability Of Self-Defense To Felony Murder (PC 197 & PC 198)
    • F 506 Note 3 Self-Defense: When Self-Defense May Be Used Against Arrest By Private Citizen (PC 197 & PC 198)
    • F 506 Note 4 Self-Defense: Battered Woman/Child Syndrome (PC 197 & PC 198)
    • F 506 Note 5 Self-Defense: Vulnerability Of Defendant To Show Honest Belief In Peril (PC 197 & PC 198)
    • F 506 Note 6 Self-Defense: Abnormal Fear As Evidence Of Honest Belief Of Peril (PC 197 & PC 198)
    • F 506 Note 7 Duty To Instruct On Self-defense Or Imperfect Self-defense When Defendant Has Not Testified
    • F 506 Note 8 Antecedent Threat Doctrine Applies To Recent Threats Or Violence By Victim
    • F 506 Note 9 Failure To Request Antecedent Threats Instruction As IAC
    • F 506 Note 10 Self-Defense: Applicability To Aider And Abettor
    • F 506 Note 11 Self-Defense Against Intruders In Non-Homicide Situations
  • F 507 Justifiable Homicide: By Public Officer
  • F 508 Justifiable Homicide: Citizen Arrest (Non-Peace Officer)
  • F 509 Justifiable Homicide: Non-Peace Officer Preserving the Peace
  • F 510 Excusable Homicide: Accident
  • F 510.1 Titles And Identification Of Parties
    • F 510.1 Inst 1 Excusable Homicide: Accident—Title
    • F 510.1 Inst 2 Identification Of Prosecution And Defendant
    • F 510.1.1 Inst 1. Delete “Excusable” From Title
  • F 510.2 Excusable Homicide: Accident—Tailoring To Facts: Persons, Places, Things And Theories
    • F 510.2 Inst 1 Modification Of Burden Shifting Language
    • F 510.2 Inst 2 Accident: Expression Of Prosecution Burden In Terms Of “Accident” Rather Than “Excuse”
    • F 510.2 Inst 3 Excusable Homicide: Explanation Of The Degree Of Care And Caution Required
  • F 510 NOTES
    • F 510 Note 1 Instruction On Both Accident And Self-Defense
    • F 510 Note 2 Self-Defense Available When Defendant Only Threatens To Use Force
  • F 511 Excusable Homicide: Accident In The Heat Of Passion
  • F 511.1 Titles And Identification Of Parties
    • F 511.1 Inst 1 Excusable Homicide: Accident In The Heat Of Passion—Title
    • F 511.1 Inst 2 Identification Of Prosecution And Defendant
    • F 511.1.1 Inst 1 Delete “Excusable” From Title
  • F 511.2 Excusable Homicide: Accident In The Heat Of Passion — Tailoring To Facts: Persons, Places, Things And Theories
    • F 511.2 Inst 1 Modification Of Burden Shifting Language
    • F 511.2 Inst 2 Accident: Expression Of Prosecution Burden In Terms Of “Accident” Rather Than “Excuse”
    • F 511.2 Inst 3 Modification Of Burden Shifting Language Re: Provocation
  • F 511.5 EXCUSABLE HOMICIDE: ACCIDENT IN THE HEAT OF PASSION – ELEMENTS AND DEFINITIONS
    • F 511.5 Inst 1 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
    • F 511.5 Inst 2 Definition Of Passion
  • F 511 Notes
    • F 511 Note 1 Provocation May Be Established By A Long Period Of Minor Events
  • F 512 Presumption That Killing Not Criminal
  • F 512.1 Titles And Identification Of Parties
    • F 512.1 Inst 1 Presumption That Killing Not Criminal—Title
    • F 512.1 Inst 2 Identification Of Prosecution And Defendant
  • F 512.2 Presumption That Killing Not Criminal—Tailoring To Facts: Persons, Places, Things And Theories
    • F 512.2 Inst 1 Improper Presumption That Killing Was Criminal
  • F 513B 519 Reserved
  • C. Murder: First and Second Degree (520-525)
  • F 520 Murder With Malice Aforethought (Case Law Discussing This Instruction)
  • F 520.1 Titles And Identification Of Parties
    • F 520.1 Inst 1 Murder With Malice Aforethought—Title
    • F 520.1 Inst 2 Identification Of Prosecution And Defendant
  • F 520.2 Murder With Malice Aforethought—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 520.3 Murder With Malice Aforethought—Language That Is Argumentative, Confusing, Etc.
    • F 520.3 Inst 1 Replacement Of Term “State Of Mind” With “Mental State”
    • F 520.3 Inst 2 Deletion Of Duplicative And Argumentative Language
    • F 520.3 Inst 3 Jurors Not Obligated To Decide Degree Of Murder
  • F 520.4 Murder With Malice Aforethought—Burden Of Proof Issues
    • F 520.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 520.4 Inst 2 Causation: Jury Not Limited To Circumstances “Established By The Evidence”
  • F 520.5 Murder With Malice Aforethought—Elements And Definitions
    • F 520.5 Inst 1 Causation Should Be Separately Enumerated Element
    • F 520.5 Inst 2 Concurrence Of Act And Intent And/Or Mental State; Modification To Make Language Plainer
    • F 520.5 Inst 3 Implied Malice: Concurrence Of Act And Mental State
    • F 520.5 Inst 4 Malice Must Be Formed Before The Act Is Committed
  • F 520.6 Murder With Malice Aforethought—Defense Theories
    • F 520.6 Inst 1 The CALCRIM Instructions Fail To Make It Clear That Absence Of Passion/Quarrel And Absence Of Imperfect Defense Are Prerequisites Which The Jurors Must Find Before Convicting The Defendant Of Murder Or Attempted Murder
  • F 520 NOTES
    • F 520 Note 1 Applicability of Implied Malice To Fetus Murder – Knowledge of Fetus Not Required
  • F 520.7 Murder With Malice Aforethought—Preliminary Fact Issues [Reserved]
  • F 520.8 Murder With Malice Aforethought—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 520.9 Murder With Malice Aforethought—Lesser Offense Issues [Reserved]
  • F 521 Murder: Degrees
  • F 521.1 Titles And Identification Of Parties
    • F 521.1 Inst 1 Murder: Degrees—Title
    • F 521.1 Inst 2 Identification Of Prosecution And Defendant
  • F 521.2 Murder: Degrees—Tailoring To Facts: Persons, Places, Things And Theories
    • F 521.2 Inst 1 Heat Of Passion To Negate Mental State Required For Torture
    • F 521.2 Inst 2 Provocation May Negate Lying In Wait (PC 187)
  • F 521.3 Murder: Degrees—Language That Is Argumentative, Confusing, Etc. [Reserved]
    • F 521.3 Inst 1 Deletion Of Duplicative And Argumentative Language
  • F 521.4 Murder: Degrees—Burden Of Proof Issues
    • F 521.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 521.4 Inst 2 Murder: Degrees—Jury Not Required To Decide; Finding Beyond A Reasonable Doubt
  • F 521.5 Murder: Degrees—Elements And Definitions
    • F 521.5 Inst 1 Lying In Wait: Express Instruction On “Substantial Period Of Waiting”
    • F 521.5 Inst 2 CC 521 Erroneously Permits The Jury To Find Premeditation Based On An Intent To Kill That Was Formed During, Not Before, The Act Which Caused Death
  • F 521.6 Murder: Degrees—Defense Theories [Reserved]
  • F 521.7 Murder: Degrees—Preliminary Fact Issues [Reserved]
  • F 521.8 Murder: Degrees—Unanimity/Duplicity/Multiplicity
  • F 521.8 Inst 1 Unanimity Required As To Degree Of Murder
  • F 521.9 Murder: Degrees—Lesser Offense Issues [Reserved]
  • F 521.9 Note
    • F 521.9 Note 1 Second Degree Felony Murder Is Lesser Included (LIO) Of First Degree Malice Murder
  • F 521 Revision History and Commentary
  • F 522 Provocation: Effect On Degree Of Murder
  • F 522.1 Titles And Identification Of Parties
    • F 522.1 Inst 1 Provocation: Effect On Degree Of Murder—Title
    • F 522.1 Inst 2 Identification Of Prosecution And Defendant
  • F 522.2 Provocation: Effect On Degree Of Murder—Tailoring To Facts: Persons, Places, Things And Theories
    • F 522.2 Inst 1 Determining Degree of Murder: Relationship Of Provocation To Burden Of Proof (PC 187)
    • F 552.2 Inst 2 (a & b) Jury Should Consider Duress On The Issue Of Premeditation And Deliberation
    • F 522.2 Inst 3 (a & b) Provocation May Negate Premeditation And Deliberation As To Attempted Murder
    • F 522.2 Inst 4 Modification Of Burden Shifting Language
    • F 522.2 Inst 5 Modification Of Language Implying That The Jury Must “Conclude” The Defendant Was Provoked
    • F 522.2 Inst 6 Right To Instruction Which Expressly States That Provocation/Heat Of Passion May Negate Premeditation/Deliberation
  • F 522 NOTES
    • F 522 Note 1 Provocation: Effect On Degree of Murder—CALCRIM Cross References And Research Notes
    • F 522 Note 2 Provocation And Degree Of Murder: Sua Sponte Duty To Instruct (PC 187)
    • F 522 Note 3 Provocation And Degree Of Murder: “Requiring” Consideration (PC 187)
  • F 523 First Degree Murder: Hate Crime
  • F 523.1 Titles And Identification Of Parties
    • F 523.1 Inst 1 First Degree Murder: Hate Crime—Title
    • F 523.1 Inst 2 Identification Of Prosecution And Defendant
  • F 523.2 First Degree Murder: Hate Crime—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 523.3 First Degree Murder: Hate Crime—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 523.4 First Degree Murder: Hate Crime—Burden Of Proof Issues
    • F 523.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 523.5 First Degree Murder: Hate Crime—Elements And Definitions [Reserved]
  • F 523.6 First Degree Murder: Hate Crime—Defense Theories [Reserved]
  • F 523.7 First Degree Murder: Hate Crime—Preliminary Fact Issues [Reserved]
  • F 523.8 First Degree Murder: Hate Crime—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 523.9 First Degree Murder: Hate Crime—Lesser Offense Issues [Reserved]
  • F 523 NOTES
    • F 523 Note 1 Hate Crimes: Constitutionality (PC 422.7)
  • F 524 Second Degree Murder: Peace Officer
  • F 524.1 Titles And Identification Of Parties
    • F 524.1 Inst 1 Second Degree Murder: Peace Officer—Title
    • F 524.1 Inst 2 Identification Of Prosecution And Defendant
  • F 524.2 Second Degree Murder: Peace Officer—Tailoring To Facts: Persons, Places, Things And Theories
    • F 524.2 Inst 1 Tailoring To Facts: Specification Of Basis For Personal Use Allegation
  • F 524.3 Second Degree Murder: Peace Officer—Language That Is Argumentative, Confusing, Etc.
    • F 524.3 Inst 1 Jury Not Required To “Decide”
    • F 524.3 Inst 2 (a & b) Modification Of Language Cross-Referencing Other Instructions
  • F 524.4 Second Degree Murder: Peace Officer—Burden Of Proof Issues
    • F 524.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 524.4 Inst 2 Officer’s Performance Of Duty: Modification Of Burden Shifting Language
  • F 524.5 Second Degree Murder: Peace Officer—Elements And Definitions
    • F 524.5 Inst 1 Separate Enumeration Of Elements Combined In Element 1
    • F 524.5 Inst 2 Knowledge Of Defendant: Lawful Performance Of Duties
    • F 524.5 Inst 3 Reasonably Should Have Known: Objective Standard [CC 505 Format]
    • F 524.5 Inst 4 Concurrence Of Act And Intent
    • F 524.5 Inst 5 Great Bodily Injury: Requires Injury In Addition To That Present In The Offense
  • F 524.6 Second Degree Murder: Peace Officer—Defense Theories [Reserved]
  • F 524.7 Second Degree Murder: Peace Officer—Preliminary Fact Issues [Reserved]
  • F 524.8 Second Degree Murder: Peace Officer—Unanimity/Duplicity/Multiplicity
    • F 524.8 Inst 1 Unanimity: Clarification
  • F 524.9 Second Degree Murder: Peace Officer—Lesser Offense Issues [Reserved]
  • F 524 NOTES
    • F 524 Note 1 Second Degree Murder: Peace Officer—CALCRIM Cross References And Research Notes
    • F 524 Note 2 Discharge Or Performance Of Duties: Proper Service Of Warrant As Factual Issue
    • F 524 Note 3 Excessive Force And Deadly Force
  • F 525 Second Degree Murder: Discharge From Motor Vehicle
  • F 525.1 Titles And Identification Of Parties
    • F 525.1 Inst 1 Second Degree Murder: Discharge From Motor Vehicle—Title
    • F 525.1 Inst 2 Identification Of Prosecution And Defendant
  • F 525.2 Second Degree Murder: Discharge From Motor Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
    • F 525.2 Inst 1 Tailoring To Facts: Specification Of Decedent
  • F 525.3 Second Degree Murder: Discharge From Motor Vehicle—Language That Is Argumentative, Confusing, Etc.
    • F 525.3 Inst 1 Jury Not Required To Decide
    • F 525.3 Inst 2 Modification Of Language Cross-Referencing Other Instructions
    • F 525.3 Inst 3 Deletion Of Argumentative And Duplicative Language
  • F 525.4 Second Degree Murder: Discharge From Motor Vehicle—Burden Of Proof Issues
    • F 525.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 525.5 Second Degree Murder: Discharge From Motor Vehicle—Elements And Definitions
    • F 525.5 Inst 1 Concurrence Of Act And Intent; Separate Enumeration Of Discrete Elements Combined In Element 1
    • F 525.5 Inst 2 Concurrence Of Act And Intent
    • F 525.5 Inst 3 Great Bodily Injury: Requires Injury In Addition To That Present In The Offense
  • F 525.6 Second Degree Murder: Discharge From Motor Vehicle—Defense Theories [Reserved]
  • F 525.7 Second Degree Murder: Discharge From Motor Vehicle—Preliminary Fact Issues [Reserved]
  • F 525.8 Second Degree Murder: Discharge From Motor Vehicle—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 525.9 Second Degree Murder: Discharge From Motor Vehicle—Lesser Offense Issues [Reserved]
  • F 526B 539 Reserved
  • D. Felony Murder (540a-541c)
  • F 540A Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act
  • F 540A.1 Titles And Identification Of Parties
    • F 540A.1 Inst 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Title
    • F 540A.1 Inst 2 Identification Of Prosecution And Defendant
  • F 540A.2 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Tailoring To Facts: Persons, Places, Things And Theories
    • F 540A.2 Inst 1 Specification Of Alleged Victims
  • F 540A.3 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Language That Is Argumentative, Confusing, Etc.
    • F 540A.3 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 540A.3 Inst 2 Jury Not Required To Decide
  • F 540A.4 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Burden Of Proof Issues
    • F 540A.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 540A.5 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Elements And Definitions
    • F 540A.5 Inst 1 Felony Murder: Timing Of Intent To Commit Felony
    • F 540A.5 Inst 2 Felony Murder: Continuous Transaction As Element
    • F 540A.5 Inst 3 Specification Of Predicate Offense Elements Which Must Be Proven Beyond A Reasonable Doubt
  • F 540A.6 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Defense Theories
    • F 540A.6 Inst 1 First Degree Felony Murder: Inapplicable To Burglary (PC 189 & PC 459)
    • F 540A.6 Inst 2 Felony Murder: Not To Be Predicated Upon An Assault
    • F 540A.6 Inst 3 (a & b) Felony Murder: Killing Must Be For An Independent Felonious Purpose
    • F 540A.6 Inst 4 Felony Murder: Specific Intent To Commit General Intent Offense
    • F 540A.6 Inst 5 (a-d) Felony Murder: Applicability Of Duress/Coercion To Underlying Felony
  • F 540A.7 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Preliminary Fact Issues [Reserved]
  • F 540A.8 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 540A.9 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—Lesser Offense Issues [Reserved]
  • F 540A NOTES
    • F 540A Note 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes
    • F 540A Note 2 Felony Murder: Rape Victim Must Be Alive (PC 189)
    • F 540A Note 3 Felony Murder: Court Must Instruct On Misdemeanor As LIO Of Burglary (PC 189)
    • F 540A Note 4 Felony Murder: Failure To Request Lesser Related Misdemeanor As IAC (PC 189)
    • F 540A Note 5 Instruction Upon Felony Murder Improper Unless Charged (PC 189)
    • F 540A Note 6 Duty To Instruct On Termination Of Underlying Felony (PC 189)
    • F 540A Note 7 Felony Murder: Sua Sponte Duty To Instruct Upon Defenses, Etc. When Underlying Felony Is Not Substantively Charged (PC 189)
    • F 540A Note 8 Felony Murder: “Drive-By” Murder (PC 189)
    • F 540A Note 9 Felony Murder: No Lesser Instruction Required For Felony Which Is Basis For Special Circumstance Allegation But Is Not Separately Charged (PC 189)
    • F 540A Note 10 Reduction Of Degree
    • F 540A Note 11 Felony Murder Requirement That Jury Be Instructed On Lesser-Included Offense Of The Underlying Felony
    • F 540A Note 12 Felony Murder: Double Jeopardy Violated By Reliance On Predicate Felony For Which Prior Juvenile Conviction Had Previously Been Returned
    • F 540A Note 13 Felony Murder: Intent To Steal Upon Entry Does Not Make Homicide And Burglary One Continuous Transaction
    • F 540A Note 14 Felony Murder: Intent To Commit Misdemeanor Not Sufficient (PC 189)
    • F 540A Note 15 Felony Murder May Not Be Predicated On Intent To Evade Police Officer Resulting In Great Bodily Injury (GBI) (VC 2800.3)
    • F 540A Note 16 Felony Murder: Applicability Of Duress/Coercion To Underlying Felony
    • F 540A Note 17 Felony Murder: Temporary Safety By Some, But Not All, Perpetrators
    • F 540A Note 18 Felony Murder: Independent Animus
    • F 540A Note 19 Felony Murder: Conspiracy as Lesser Included Offense
    • F 540A Note 20 Felony Murder: Propriety of Instruction On Uncharged Lesser-Included Of Predicate Felony
    • F 540A Note 21 Felony Murder: Unpremeditated Second Degree Murder As Lesser-Included Offense
    • F 540A Note 22 Arson Felony Murder: PC 453 As Lesser Included
    • F 540A Note 23 Felony Murder: Proposition 115 Due Process/Ex Post Facto Issues: “Yoshiato Window” (PC 189)
    • F 540A Note 24 Merger As A Question For The Jury Per Apprendi
  • F 540B Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act
  • F 540B.1 Titles And Identification Of Parties
    • F 540B.1 Inst 1 Felony Murder: First Degree—Co-Participant Allegedly Committed Fatal Act—Title
    • F 540B.1 Inst 2 Identification Of Prosecution And Defendant
  • F 540B.2 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Tailoring To Facts: Persons, Places, Things And Theories
    • F 540B.2 Inst 1 Deletion Of Argumentative, Duplicative And Non Case-Specific Language
    • F 540B.2 Inst 2 Specification Of Alleged Victims
    • F 540B.2 Inst 3 Felony Murder Premised Solely On Conspiracy Membership: Killing Must Further Common Plan And Purpose
  • F 540B.3 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Language That Is Argumentative, Confusing, Etc.
    • F 540B.3 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 540B.3 Inst 2 Jury Not Required To Decide
  • F 540B.4 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Burden Of Proof Issues
    • F 540B.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 540B.4 Inst 2 Element 3: Modification Of Burden Shifting Language; Separate Enumeration Of Combined Elements
  • F 540B.5 Felony Murder: First Degree—Co-Participant Allegedly Committed Fatal Act—Elements And Definitions
    • F 540B.5 Inst 1 Felony Murder: Timing Of Intent To Commit Felony
    • F 540B.5 Inst 2 Felony Murder: Timing Of Intent To Commit Felony
    • F 540B.5 Inst 3 Felony Murder: Continuous Transaction As Element
    • F 540B.5 Inst 4 Specification Of Predicate Offense Elements Which Must Be Proven Beyond A Reasonable Doubt
    • F 540B.5 Inst 5 Felony Murder: Liability For Accidental Death Of Accomplice Requires Active Participation And Presence At The Scene
  • F 540B.6 Felony Murder: First Degree—Coparticipant Allegedly Committed Fatal Act—Defense Theories
    • F 540B.6 Inst 1 Felony Murder: Defense Theory That Neither Defendant No Co-Participant Committed The Fatal Act
    • F 540B.6 Inst 2 Felony Murder: Applicability Of Duress/Coercion To Underlying Felony
    • F 540B.6 Inst 3 Felony Murder: After-Acquired Intent Of Aider And Abetter—Pinpoint Instruction (PC 189 & PC 459)
  • F 540B.7 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Preliminary Fact Issues [Reserved]
  • F 540B.8 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 540B.9 Felony Murder: First Degree—Co-participant Allegedly Committed Fatal Act—Lesser Offense Issues [Reserved]
  • F 540B NOTES
    • F 540B Note 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes
    • F 540B Note 2 Clarification Of Language When Defense Relies On Theory Of Withdrawal From Conspiracy
  • F 540C Felony Murder: First Degree—Other Acts Allegedly Caused Death
  • F 540C.1 Titles And Identification Of Parties
    • F 540C.1 Inst 1 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Title
    • F 540C.1 Inst 2 Identification Of Prosecution And Defendant
  • F 540C.2 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Tailoring To Facts: Persons, Places, Things And Theories
    • F 540C.2 Inst 1 Tailoring To Facts: Specific Of Alleged Victims
    • F 540C.2 Inst 2 Felony Murder Premised Solely On Conspiracy Membership: Killing Must Further Common Plan And Purpose
  • F 540C.3 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Language That Is Argumentative, Confusing, Etc.
    • F 540C.3 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 540C.3 Inst 2 Jury Not Required To Decide
  • F 540C.4 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Burden Of Proof Issues
    • F 540C.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 540C.4 Inst 2 Element 3: Modification Of Burden Shifting Language; Separate Enumeration Of Combined Elements
  • F 540C.5 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Elements And Definitions
    • F 540C.5 Inst 1 Felony Murder: Timing Of Intent To Commit Felony
    • F 540C.5 Inst 2 Specification Of Predicate Offense Elements Which Must Be Proven Beyond A Reasonable Doubt
  • F 540C.6 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Defense Theories
    • F 540C.6 Inst 1 Felony Murder: Defense Theory That Neither Defendant No Coparticipant Committed The Fatal Act
    • F 540C.6 Inst 2 Act During Felony Must Be Cause Of Death
  • F 540C.7 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Preliminary Fact Issues [Reserved]
  • F 540C.8 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 540C.9 Felony Murder: First Degree—Other Acts Allegedly Caused Death—Lesser Offense Issues [Reserved]
  • F 540C Notes
  • F 540C Note 1 Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes
  • F 541A Felony Murder: Second Degree—Defendant Allegedly Committed Fatal Act
  • F 541A.1 Titles And Identification Of Parties
    • F 541A.1 Inst 1 Felony Murder: Second Degree—Defendant Allegedly Committed—Title
    • F 541A.1 Inst 2 Identification Of Prosecution And Defendant
  • F 541A.2 Felony Murder: Second Degree—Defendant Allegedly Committed—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 541A.3 Felony Murder: Second Degree—Defendant Allegedly Committed—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 541A.4 Felony Murder: Second Degree—Defendant Allegedly Committed—Burden Of Proof Issues
    • F 541A.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 541A.5 Felony Murder: Second Degree—Defendant Allegedly Committed—Elements And Definitions
    • F 541A.5 Inst 1 Felony Murder: Continuous Transaction As Element
  • F 541A.6 Felony Murder: Second Degree—Defendant Allegedly Committed—Defense Theories [Reserved]
  • F 541A.7 Felony Murder: Second Degree—Defendant Allegedly Committed—Preliminary Fact Issues [Reserved]
  • F 541A.8 Felony Murder: Second Degree—Defendant Allegedly Committed—Unanimity/ Duplicity/Multiplicity [Reserved]
  • F 541A.9 Felony Murder: Second Degree—Defendant Allegedly Committed—Lesser Offense Issues [Reserved]
  • F 541B Felony Murder: Second Degree—Coparticipant Allegedly Committed Fatal Act
  • F 541B.1 Titles And Identification Of Parties
    • F 541B.1 Inst 1 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Title
    • F 541B.1 Inst 2 Identification Of Prosecution And Defendant
  • F 541B.2 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Tailoring To Facts: Persons, Places, Things And Theories
    • F 541B.2 Inst 1 Specification Of Alleged Victims
    • F 541B.2 Inst 2 Deletion Of Argumentative, Duplicative And Non Case-Specific Language
  • F 541B.3 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Language That Is Argumentative, Confusing, Etc.
    • F 541B.3 Inst 1 Deletion Of Argumentative And Duplicative Language
    • F 541B.3 Inst 2 Jury Not Required To Decide
  • F 541B.4 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Burden Of Proof Issues
    • F 541B.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 541B.4 Inst 2 Element 3: Modification Of Burden Shifting Language; Separate Enumeration Of Combined Elements
  • F 541B.5 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Elements And Definitions
    • F 540B.5 Inst 1 Felony Murder: Timing Of Intent To Commit Felony
    • F 541B.5 Inst 2 Specification Of Predicate Offense Elements Which Must Be Proven Beyond A Reasonable Doubt
  • F 541B.6 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Defense Theories
    • F 540B.6 Inst 1 Felony Murder: Defense Theory That Neither Defendant No Coparticipant Committed The Fatal Act
  • F 541B.7 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Preliminary Fact Issues [Reserved]
  • F 541B.8 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 541B.9 Felony Murder: Second Degree—Co-participant Allegedly Committed Fatal Act—Lesser Offense Issues [Reserved]
  • F 541C Felony Murder: Second Degree—Other Acts Allegedly Caused Death [No Forecite Entries On This Instruction]
  • F 542B 547 Reserved
  • F 548 Murder: Alternative Theories
  • F 548.1 Titles And Identification Of Parties
    • F 548.1 Inst 1 Murder: Alternative Theories—Title
    • F 548.1 Inst 2 Identification Of Prosecution And Defendant
  • F 548.2 Instructions
    • F 548.2 Inst 1 Murder: Alternative Theories—Jurors Must All “Find” That The Prosecution Has Proved All Elements Of At Least One Theory Beyond A Reasonable Doubt
    • F 548.2 Inst 2 Murder: Alternative Theories—Clarification Of Each Jurors Process For Finding Every Element Of At Least One Prosecution Theory
    • F 548.2 Inst 3 Murder: Alternative Theories—Acts Requiring Unanimity Distinguished
  • F 548.3 Murder: Alternative Theories—Lesser Offense Issues [Reserved]
  • F 549 Felony Murder: One Continuous Transaction—Defined (Case Law Discussing This Instruction)
  • F 549.1 Titles And Identification Of Parties
    • F 549.1 Inst 1 Felony Murder: One Continuous Transaction—Defined—Title
    • F 549.1 Inst 2 Identification Of Prosecution And Defendant
  • F 549.2 Instructions
    • F 549.2 Inst 1 Jurors Not Required To Decide
    • F 549.2 Inst 2 Felony Murder: One Continuous Transaction—Defined: Clarification Of Factors
    • F 549.2 Inst 3 Add To Factors: Whether The Felon Reached A Place Of Temporary Safety
    • F 549.2 Inst 4 Burden Of Proof As To Factors
  • F 550B 559 Reserved
  • E. Alternate Theories of Liability (560-563)
  • F 560 Homicide: Provocative Act by Defendant (Case Law Discussing This Instruction)
  • F 560.1 Titles And Identification Of Parties
    • F 560.1 Inst 1 Homicide: Provocative Act by Defendant—Title
    • F 560.1 Inst 2 Identification Of Prosecution And Defendant
  • F 560.2 Homicide: Provocative Act by Defendant—Tailoring To Facts: Persons, Places, Things And Theories [RESERVED]
  • F 560.3 Homicide: Provocative Act by Defendant—Language That Is Argumentative, Confusing, Etc.
    • F 560.3 Inst 1 (a & b) Deletion Of Duplicative, Argumentative And Burden Shifting Language
    • F 560.3 Inst 2 Deletion Of The Term “Provocative Act Doctrine”
    • F 560.3 Inst 3 Degree Of Murder: Jurors Not Required To Decide
  • F 560.4 Homicide: Provocative Act by Defendant—Burden Of Proof Issues
    • F 560.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 560.4 Inst 2 Multiple Provocative Acts: Proof Beyond A Reasonable Doubt
  • F 560.5 Homicide: Provocative Act by Defendant—Elements And Definitions
    • F 560.5 Inst 1 Homicide: Provocative Act by Defendant—Separate Enumeration Of Combined Elements (Element 1 and Definition of Provocative Act)
    • F 560.5 Inst 2 (a & b) Homicide: Provocative Act by Defendant—Provocative Act Must Produce Reasonable Belief That Person Is In Actual Danger
    • F 560.5 Inst 3 Objective Standard Requires Consideration Of Reasonable Person In The Defendant’s “Situation”
    • F 560.5 Inst 4 Degree Of Murder: Clarification Of Elements
    • F 560.5 Inst 5 Provocative Act Doctrine: Victim’s Response Must Be Measured By A Reasonable Person In The Same Circumstances
    • F 560.5 Inst 6 Provocative Act Doctrine: Victim’s Response Must Be Objectively Reasonable In Light Of All The Circumstances
  • F 560.6 Homicide: Provocative Act by Defendant—Defense Theories
    • F 560.6 Inst 1 (a & b) Independent Act As Element Of Pinpoint Instruction
  • F 560.7 Homicide: Provocative Act by Defendant—Preliminary Fact Issues [Reserved]
  • F 560.8 Homicide: Provocative Act by Defendant—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 560.9 Homicide: Provocative Act by Defendant—Lesser Offense Issues
    • F 560.9 Inst 1 Dewberry
  • F 560 NOTES
    • F 560 Note 1 Homicide: Provocative Act by Defendant—CALCRIM Cross References And Research Notes
    • F 560 Note 2 Provocative Act Murder: Shooting Of Gang Member As “Provocative Act”
    • F 560 Note 3 Provocative Act Murder: Conviction Based On Provocative Act Of Deceased Accomplice Who Is Not The Alleged Murder Victim
    • F 560 Note 4 Provocative Act Of Murder: Causation Requirement—Actual Killer Must Have Been Responding To The Provocative Act
    • F 560 Note 5 Provocative Act Of Murder: Applicability Of Concurrent Causation And Transferred Intent
    • F 560 Note 6 Provocative Act Doctrine: No Juror Unanimity As To Provocative Act
    • F 560 Note 7 Provocative Act Murder: Pointing A Gun Is Not A Provocative Act
    • F 560 Note 8 Liability For Death Of An Accomplice: Provocative Act Not Required For Attempted Murder
    • F 560 Note 9 Provocative Act Murder: Defendant Must Personally Form Required Mental State For Murder
  • F 561 Homicide: Provocative Act By Accomplice (Case Law Discussing This Instruction)
  • F 561.1 Titles And Identification Of Parties
    • F 561.1 Inst 1 Homicide: Provocative Act By Accomplice—Title
    • F 561.1 Inst 2 Identification Of Prosecution And Defendant
  • F 561.2 Homicide: Provocative Act By Accomplice—Tailoring To Facts: Persons, Places, Things And Theories [reserved]
  • F 561.3 Homicide: Provocative Act By Accomplice—Language That Is Argumentative, Confusing, Etc.
    • F 561.3 Inst 1 Deletion Of Duplicative, Argumentative And Burden Shifting Language
    • F 561.3 Inst 2 Deletion Of The Term “Provocative Act Doctrine”
    • F 561.3 Inst 3 Degree Of Murder: Jurors Not Required To Decide
  • F 561.4 Homicide: Provocative Act By Accomplice—Burden Of Proof Issues
    • F 561.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 561.4 Inst 2 Multiple Provocative Acts: Proof Beyond A Reasonable Doubt
    • F 561.4 Inst 3 Accomplice Deceased—Modification Of Burden Shifting Language
  • F 561.5 Homicide: Provocative Act By Accomplice—Elements And Definitions
    • F 561.5 Inst 1 Homicide: Provocative Act by Defendant—Separate Enumeration Of Combined Elements (Element 2 and Definition of Provocative Act)
    • F 561.5 Inst 2 Homicide: Provocative Act by Defendant—Provocative Act Must Produce Reasonable Belief That Person Is In Actual Danger
    • F 561.5 Inst 3 Objective Standard Requires Consideration Of Reasonable Person In The Defendant’s “Situation”
    • F 561.5 Inst 4 Degree Of Murder: Clarification Of Elements
    • F 561.5 Inst 5 Deletion Of Term “Accomplice”
    • F 561.5 Inst 6 Provocative Act Doctrine: Victim’s Response Must Be Measured By A Reasonable Person In The Same Circumstances
    • F 561.5 Inst 7 Provocative Act Doctrine: Victim’s Response Must Be Objectively Reasonable In Light Of All The Circumstances
  • F 561.6. Homicide: Provocative Act By Accomplice—Defense Theories
    • F 561.6 Inst 1 Independent Act As Element Of Pinpoint Instruction
  • F 561.7 Homicide: Provocative Act By Accomplice—Preliminary Fact Issues [Reserved]
  • F 561.8 Homicide: Provocative Act By Accomplice—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 561.9 Homicide: Provocative Act By Accomplice—Lesser Offense Issues
    • F 561.9 Inst 1 Dewberry
  • F 561 NOTES
    • F 561 Note 1 Homicide: Provocative Act By Accomplice—CALCRIM Cross References And Research Notes
    • F 561 Note 2 Provocative Act Murder: Shooting Of Gang Member As “Provocative Act”
    • F 561 Note 3 Provocative Act Murder: Conviction Based On Provocative Act Of Deceased Accomplice Who Is Not The Alleged Murder Victim
    • F 561 Note 4 Provocative Act Of Murder: Causation Requirement—Actual Killer Must Have Been Responding To The Provocative Act
    • F 561 Note 5 Provocative Act Of Murder: Applicability Of Concurrent Causation And Transferred Intent
    • F 561 Note 6 Provocative Act Doctrine: No Juror Unanimity As To Provocative Act
    • F 561 Note 7 Provocative Act Murder: Pointing A Gun Is Not A Provocative Act
    • F 561 Note 8 Liability For Death Of An Accomplice: Provocative Act Not Required For Attempted Murder
  • F 562 Transferred Intent
  • F 562.1 Titles And Identification Of Parties
    • F 562.1 Inst 1 Transferred Intent—Title
    • F 562.1 Inst 2 Identification Of Prosecution And Defendant
  • F 562.2 Transferred Intent—Tailoring To Facts: Persons, Places, Things And Theories
    • F 562.2 Inst 1 Tailored To Facts
    • F 562.2 Inst 2 Transferred Intent—Transferred Self-Defense And Other Defenses
  • F 562 NOTES
    • F 562 Note 1 Transferred Intent—CALCRIM Cross References And Research Notes
    • F 562 Note 2 Assault: Transferred Intent Inapplicable
    • F 562 Note 3 Transferred Intent: GBI Enhancement Distinguished
  • F 563 Conspiracy To Commit Murder
  • F 563.1 Titles And Identification Of Parties
    • F 563.1 Inst 1 Conspiracy To Commit Murder—Title
    • F 563.1 Inst 2 Identification Of Prosecution And Defendant
  • F 563.2 Conspiracy To Commit Murder—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 563.3 Conspiracy To Commit Murder—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 563.4 Conspiracy To Commit Murder—Burden Of Proof Issues
    • F 563.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 563.5 Conspiracy To Commit Murder—Elements And Definitions
    • F 563.5 Inst 1 Conspiracy To Commit Murder: Intent To Kill Requirement
  • F 563.6 Conspiracy To Commit Murder—Defense Theories [Reserved]
  • F 563.7 Conspiracy To Commit Murder—Preliminary Fact Issues [Reserved]
  • F 563.8 Conspiracy To Commit Murder—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 563.9 Conspiracy To Commit Murder—Lesser Offense Issues [Reserved]
  • F 563 NOTES
    • F 563 Note 1 Unanimity As To Overt Act: Conflict Between Decision Of The California Supreme Court
  • F 563 Revision History and Commentary
  • F 564B 569 Reserved
  • F. Manslaughter: (I) Voluntary (570-572)
  • F 570 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense (Case Law Discussing This Instruction)
  • F 570.1 Titles And Identification Of Parties
    • F 570.1 Inst 1 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Title
    • F 570.1 Inst 2 Identification Of Prosecution And Defendant
  • F 570.2 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Tailoring To Facts: Persons, Places, Things And Theories
    • F 570.2 Inst 1 CALCRIM 570 Improperly Requires Jurors To Find That A Reasonable Person Would Kill When Provoked
    • F 570.2 Inst 2 Insulting Words May Be Adequate Provocation
  • F 570.3 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 570.4 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Burden Of Proof Issues
    • F 570.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 570.4 Inst 2 Voluntary Manslaughter: Modification Of Burden Shifting Language
  • F 570.5 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Elements And Definitions
    • F 570.5 Inst 1 Heat Of Passion: Applicability To Aider And Abettor
    • F 750.5 Inst 2 (a-f) Heat Of Passion: Prior Threats Or Assaults; Battered Person Syndrome
  • F 570.6 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Defense Theories
    • F 570.6 Inst 1 Heat Of Passion: Consideration Of Defendant’s Culture
  • F 570.7 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Preliminary Fact Issues [Reserved]
  • F 570.8 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Unanimity/Duplicity/Multiplicity [Reserved]
  • F 570.9 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense: Lesser Offense Issues [Reserved]
  • F 570 NOTES
    • F 570 Note 1 Voluntary Manslaughter: Heat of Passion—Lesser Included Offense—CALCRIM Cross References And Research Notes
    • F 570 Note 2 Cultural Background Relevant As To Heat Of Passion (PC 192(a))
    • F 570 Note 3 Heat Of Passion: Evidence Necessary—Lapse Of Time
    • F 570 Note 4 Heat Of Passion: Defense Theory Of Accident Does Not Preclude Instruction On Provocation
    • F 570 Note 5 Heat Of Passion: Provocation From A Party Other Than The Victim
    • F 570 Note 6 Improper To Instruct On “Homicidal Reaction”
    • F 550 Note 7 Duty To Instruct On Heat Of Passion When Defendant Has Not Testified
    • F 570 Note 8 Failure To Instruct On Heat Of Passion In A Voluntary Manslaughter Case Is Not Prejudicial
    • F 570 Note 9 Voluntary Manslaughter: Battered Woman/Child Syndrome (PC 192)
    • F 570 Note 10 Provocation/Heat Of Passion Can Reduce Unintentional Implied Malice Murder To Manslaughter
    • F 570 Note 11 No Right To Voluntary Manslaughter Instruction When Defendant Denies Killing Under Oath
    • F 570 Note 12 Voluntary Manslaughter: Where Only Voluntary Manslaughter Is Charged Prosecution Need Not Disprove Heat Of Passion Or Imperfect Self-Defense
    • F 570 Note 13 Retroactivity: Blakeley And Lasko
    • F 570 Note 14 Heat Of Passion: Not Available When Defendant Intentionally Caused The Provoking Conduct By The Victim
    • F 570 Note 15 Provocation May Be Established By A Long Period Of Minor Events
    • F 570 Note 16 Passion Aroused May Be Fear And Panic
  • F 571 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense (Case Law Discussing This Instruction)
  • F 571.1 Titles And Identification Of Parties
    • F 571.1 Inst 1 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Title
    • F 571.1 Inst 2 Identification Of Prosecution And Defendant
  • F 571.2 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 571.3 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 571.4 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Burden Of Proof Issues
    • F 571.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 571.4 Inst 2 Whether Absence Of Imperfect Self-Defense Is Element Of Malice
    • F 571.4 Inst 3 (a & b) Clarification Of Burden Language
  • F 571.5 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Elements And Definitions
    • F 571.5 Inst 1 Imperfect Self-Defense: Definition Of Imminent Danger
    • F 571.5 Inst 2 Imperfect Self-Defense Available When Defendant Only Threatens To Use Force
    • F 571.5 Inst 3 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
  • F 571.6 Voluntary Manslaughter: Imperfect Self-Defense— Lesser Included Offense—Defense Theories
    • F 571.6 Inst 1 Imperfect Self-Defense: Applicability To Mental Defect Or Intoxication
    • F 571.6 Inst 2 Imperfect Self-Defense: When Defendant Created The Situation
  • F 571.7 Voluntary Manslaughter: Imperfect Self-Defense— Lesser Included Offense— Preliminary Fact Issues [Reserved]
  • F 571.8 Voluntary Manslaughter: Imperfect Self-Defense— Lesser Included Offense—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 571.9 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—Lesser Offense Issues [Reserved]
  • F 571 NOTES
    • F 571 Note 1 Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense—CALCRIM Cross References And Research Notes
    • F 571 Note 2 Additional Issues And Instructions From Perfect Self-Defense
    • F 571 Note 3 Imperfect Self-Defense Applies To Implied Malice
    • F 571 Note 4 Imperfect Self-Defense: Instruction Warranted If Ordinary Self-Defense Instruction Is Warranted
    • F 571 Note 5 Imperfect Self-Defense: Requirement That Defendant Believe Lethal Force Is Necessary
    • F 571 Note 6 Is Imperfect Self-Defense Applicable To Reduce Mayhem To Assault Or Battery?
    • F 571 Note 7 Applicability Of Imperfect Self-Defense To Aggravated Mayhem
    • F 571 Note 8 Imperfect Self-Defense As Lesser Included Offense Rather Than Affirmative Defense
    • F 571 Note 9 Duty To Instruct On Self-defense Or Imperfect Self-defense When Defendant Has Not Testified
    • F 571 Note 10 Imperfect Self-Defense Inapplicable To Felony Murder
    • F 571 Note 11 Imperfect Self-Defense Without Intent To Kill: Requires Sua Sponte Instruction On Voluntary Manslaughter
    • F 571 Note 12 Imperfect Self-Defense Instruction Should Be Included With Manslaughter Instructions
    • F 571 Note 13 Imperfect Self-Defense: Applicability To Defense Of Others
    • F 571 Note 14 Application Of Imperfect Self-Defense To Attempted Murder: Adaption Of CALJIC Instructions
    • F 571 Note 15 No Right To Voluntary Manslaughter Instruction When Defendant Denies Killing Under Oath
    • F 571 Note 16 Voluntary Manslaughter: Where Only Voluntary Manslaughter Is Charged Prosecution Need Not Disprove Heat Of Passion Or Imperfect Self-Defense
    • F 571 Note 17 Imperfect Self-Defense: Inapplicable To Enhancements
    • F 571 Note 18 Permissibility Of Involuntary Manslaughter Conviction In Voluntary Manslaughter Case
  • F 572 Voluntary Manslaughter: Murder Not Charged (Case Law Discussing This Instruction)
  • 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]
  • F 572 NOTES
    • F 572 Note 1 Voluntary Manslaughter: Murder Not Charged—CALCRIM Cross References And Research Notes
    • F 572 Note 2 Voluntary Manslaughter: Renewed Scrutiny Of Intent To Kill (PC 192)
    • F 572 Note 3 Mercy Killing As Voluntary Manslaughter (PC 192)
    • F 572 Note 4 Voluntary Manslaughter: Sua Sponte Instruction On Legal Definition Of Death (PC 192)
    • F 572 Note 5 Voluntary Manslaughter: Definition Of Viable Fetus (PC 192)
    • F 572 Note 6 Saille’s Abolition Of Non-statutory Manslaughter Is Not A “New Rule of Law” (PC 192)
    • F 572 Note 7 Involuntary Manslaughter Not LIO Of Voluntary Manslaughter (PC 192)
    • F 572 Note 8 Shooting At Person Does Not Necessarily Establish Intent To Kill (PC 192)
    • F 572 Note 9 Due Process Challenge To Law Of Homicide In California Based On Confusion And Ambiguity
    • F 572 Note 10 Intent To Kill Is An Element Of Attempted Voluntary Manslaughter
    • F 572 Note 11 Availability Of Intoxication/Mental Defect To Reduce Express Malice Murder To Voluntary Manslaughter (PC 192)
  • F 573B 579 Reserved
  • (II) Involuntary (580-572)
  • F 580 Involuntary Manslaughter: Lesser Included Offense (Case Law Discussing This Instruction)
  • F 580.1 Titles And Identification Of Parties
    • F 580.1 Inst 1 Involuntary Manslaughter: Lesser Included Offense—Title
    • F 580.1 Inst 2 Identification Of Prosecution And Defendant
  • F 580.2 Involuntary Manslaughter: Lesser Included Offense—Tailoring To Facts: Persons, Places, Things And Theories
    • F 580.2 Inst 1 Tailoring To Facts
  • F 580.3 Involuntary Manslaughter: Lesser Included Offense—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 580.4 Involuntary Manslaughter: Lesser Included Offense—Burden Of Proof Issues
    • F 580.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 580.4 Inst 2 (a & b) Modification Of Burden Shifting Language; Tailoring To Facts
    • F 580.4 Inst 3 Improper Implication That Murder May Be Based On Criminal Negligence
  • F 580.5 Involuntary Manslaughter: Lesser Included Offense—Elements And Definitions
    • F 580.5 Inst 1 Separate Enumeration Of Unlawful Act And Criminal Negligence Theories
    • F 580.5 Inst 2 Criminal Negligence “Requires” More Than Ordinary Negligence
    • F 580.5 Inst 3 Requirement Of Risk To Human Beings
  • F 580.6 Involuntary Manslaughter: Lesser Included Offense—Defense Theories [Reserved]
  • F 580.7 Involuntary Manslaughter: Lesser Included Offense—Preliminary Fact Issues [Reserved]
  • F 580.8 Involuntary Manslaughter: Lesser Included Offense—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 580.9 Involuntary Manslaughter: Lesser Included Offense—Lesser Offense Issues
  • F 580.9 Inst 1 Accidental Killing Resulting From Firing Of Weapon With Intent Only To Frighten
  • F 580 NOTES
    • F 580 Note 1 Involuntary Manslaughter: Lesser Included Offense—CALCRIM Cross References And Research Notes
    • F 580 Note 2 Involuntary Manslaughter Based Upon Non-Inherently Dangerous Felony (PC 192(b))
    • F 580 Note 3 Unreasonable Self-Defense With No Intent To Kill Is Voluntary Manslaughter (PC 192(b))
    • F 580 Note 4 Aider And Abettor Must Intend To Aid And Abet The Act Committed By The Perpetrator (PC 192(b))
    • F 580 Note 5 Involuntary Manslaughter As LIO Of Murder Based On Assault Or Battery Without Malice
    • F 580 Note 6 Involuntary Manslaughter As LIO Of Murder Based On Heat Of Passion
    • F 580 Note 7 Involuntary Manslaughter: Instruction On Target Offense
    • F 580 Note 8 Involuntary Manslaughter: Misdemeanor Battery
    • F 580 Note 9 Involuntary Manslaughter: Effect Of Treatment By Spiritual Means (PC 192(b))
    • F 580 Note 10 Expanded Instruction On Criminal Negligence Should Be Given For All Predicate Acts
  • F 581 Involuntary Manslaughter: Murder Not Charged
  • F 581.1 Titles And Identification Of Parties
    • F 581.1 Inst 1 Involuntary Manslaughter: Murder Not Charged—Title
    • F 581.1 Inst 2 Identification Of Prosecution And Defendant
  • F 581.2 Involuntary Manslaughter: Murder Not Charged—Tailoring To Facts: Persons, Places, Things And Theories
    • F 581.2 Inst 1 Tailoring To Facts: Criminal Negligence Theory
    • F 581.2 Inst 2 Tailoring To Facts: Causation
  • F 581.3 Involuntary Manslaughter: Murder Not Charged—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 581.4 Involuntary Manslaughter: Murder Not Charged—Burden Of Proof Issues
    • F 581.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 581.4 Inst 2 Jurors Not Limited To Consideration Of Circumstance “Established By The Evidence”
    • F 581.4 Inst 3 (a & b) Modification Of Burden Shifting Language; Tailoring To Facts
  • F 581.5 Involuntary Manslaughter: Murder Not Charged—Elements And Definitions
    • F 581.5 Inst 1 Criminal Negligence “Requires” More Than Ordinary Negligence
  • F 581.6 Involuntary Manslaughter: Murder Not Charged—Defense Theories [Reserved]
  • F 581.7 Involuntary Manslaughter: Murder Not Charged—Preliminary Fact Issues [Reserved]
  • F 581.8 Involuntary Manslaughter: Murder Not Charged—Unanimity/Duplicity/Multiplicity
  • F 581.8 Inst 1 Clarification Of Unanimity Requirement: All Elements Must Be Found
  • F 581.9 Involuntary Manslaughter: Murder Not Charged—Lesser Offense Issues
  • F 581.9 Inst 1 Accidental Killing Resulting From Firing Of Weapon With Intent Only To Frighten
  • F 581 NOTES
    • F 581 Note 1 Involuntary Manslaughter: Murder Not Charged—CALCRIM Cross References And Research Notes
    • F 581 Note 2 Involuntary Manslaughter Based Upon Non-Inherently Dangerous Felony (PC 192(b))
    • F 581 Note 3 Unreasonable Self-Defense With No Intent To Kill Is Voluntary Manslaughter (PC 192(b))
    • F 581 Note 4 Aider And Abettor Must Intend To Aid And Abet The Act Committed By The Perpetrator (PC 192(b))
    • F 581 Note 5 Involuntary Manslaughter As LIO Of Murder Based On Assault Or Battery Without Malice
    • F 581 Note 6 Involuntary Manslaughter As LIO Of Murder Based On Heat Of Passion
    • F 581 Note 7 Involuntary Manslaughter: Instruction On Target Offense
    • F 581 Note 8 Involuntary Manslaughter: Misdemeanor Battery
    • F 581 Note 9 Involuntary Manslaughter: Effect Of Treatment By Spiritual Means (PC 192(b))
  • F 582 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged
  • 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 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
    • 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]
  • F 582 NOTES
    • F 582 Note 1 Involuntary Manslaughter: Failure to Perform Legal Duty—Murder Not Charged—CALCRIM Cross References And Research Notes
    • F 582 Note 2 Involuntary Manslaughter Based Upon Non-Inherently Dangerous Felony (PC 192(b))
    • F 582 Note 3 Unreasonable Self-Defense With No Intent To Kill Is Voluntary Manslaughter (PC 192(b))
    • F 582 Note 4 Aider And Abettor Must Intend To Aid And Abet The Act Committed By The Perpetrator (PC 192(b))
    • F 582 Note 5 Involuntary Manslaughter As LIO Of Murder Based On Assault Or Battery Without Malice
    • F 582 Note 6 Involuntary Manslaughter As LIO Of Murder Based On Heat Of Passion
    • F 582 Note 7 Involuntary Manslaughter: Instruction On Target Offense
    • F 582 Note 8 Involuntary Manslaughter: Misdemeanor Battery
    • F 582 Note 9 Involuntary Manslaughter: Effect Of Treatment By Spiritual Means (PC 192(b))
  • F 583B 589 Reserved
  • (III) Vehicular (F 590-F 595) (Case Law Discussing This Instruction)
  • F 596B 599 Reserved
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