California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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CALCRIM Series 500 HOMICIDE

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California Criminal Jury Instructions
Volume I
Series 500 HOMICIDE

A. GENERAL PRINCIPLES

CALCRIM No. 500

500. Homicide: General Principles

Homicide is the killing of one human being by another. (Murder/[and] (Manslaughter/manslaughter)) (is/are) [a] type[s] of homicide. The defendant is charged with (murder/ [and] manslaughter). [Manslaughter is a lesser offense to murder.]

[A homicide can be lawful or unlawful. If a person kills with a legally valid excuse or justification, the killing is lawful and he or she has not committed a crime. If there is no legally valid excuse or justification, the killing is unlawful and, depending on the circumstances, the person is guilty of either murder or manslaughter. You must decide whether the killing in this case was unlawful and, if so, what specific crime was committed. I will now instruct you in more detail on what is a legally permissible excuse or justification for homicide.] [I will [also] instruct you on the different types of (murder/ [and] manslaughter).]

New January 2006

BENCH NOTES

Instructional Duty

This instruction should be given if there are multiple theories of homicide or evidence supporting justification or excuse, as a way of introducing the jury to the law of homicide.

If no homicide defense instructions are given, do not give the bracketed language in the second paragraph beginning “A homicide can be lawful . . . .” If no instructions will be given on offenses other than first degree murder, do not give the last bracketed sentence.

AUTHORITY

· Homicide Defined. People v. Antick (1975) 15 Cal.3d 79, 87 [123 Cal.Rptr. 475, 539 P.2d 43].

· Justification or Excuse. Pen. Code, § 189.5; People v. Frye (1992) 7 Cal.App.4th 1148, 1154–1155 [10 Cal.Rptr.2d 217], disapproved on other grounds in People v. McCoy (2001) 25 Cal.4th 1111, 1123 [108 Cal.Rptr.2d 188, 24 P.3d 1210].

227.

CALCRIM No. 500 Homicide: General Principles Page 225
CALCRIM No. 500 Homicide: General Principles Page 226

(Pub 1284)

External Links-Links to Official Site
Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site
December 2008 Supplement to the Criminal Jury Instruction- Official Site
User's Guide Official Site

Internal Links
CALCRIM Series 500 HOMICIDE Table of Contents
California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

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