Tag Archives: Self Defense


CC 3471 Is Superfluous When Self Defense Instructions (CC 3470, CC 3472, CC 3474) Are Given
June 5th, 2015

  CC 3471, explaining to the jury when a defendant engaged in mutual combat can lawfully use force in self-defense, need not be given when the jury is already being provided standard self defense instructions, such as CC 3470, CC 3472, and CC 3474. As People v. Johnson (2009) 180 Cal. App. 4th 702, explained, […]


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Lawful Performance: Custodial Officer- -Use Of “Reasonable” Force
November 30th, 2014

    People v. Gutierrez (2009) 174 Cal. App. 4th 515, identified the following problem with CC 2671:   Read literally, [CC 2671] authorizes a custodial officer to use reasonable force in four situations- -“to restrain a person, to overcome resistance, to prevent escape, or in self-defense”- -but erroneously limits to the first situation alone […]


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CC Self Defense Instruction Approved
January 20th, 2014

  People v. Clark (2011) 201 Cal. App. 4th 235, 250, found that the trial court properly instructed the jury with CC 3470 regarding the principles of self-defense.


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