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California Criminal Jury Instructions
Volume 1
Series 500

 HOMICIDE
B. JUSTIFICATIONS AND EXCUSES




 

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Law Students

 

California Criminal Jury Instructions
Volume I
Series 500 HOMICIDE

B. JUSTIFICATIONS AND EXCUSES

CALCRIM No. 505

505. Justifiable Homicide:
Self-Defense or Defense of Another


 


The defendant is not guilty of (murder/ [or] manslaughter/attempted murder/ [or] attempted voluntary manslaughter) if (he/she) was justified in (killing/attempting to kill) someone in (self defense/[or] defense of another). The defendant acted in lawful (self-defense/ [or] defense of another) if:
 

1.      The defendant reasonably believed that (he/she/ [or] someone else/ [or]           <insert name or description
of third party>
) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/___ <insert other
forcible and atrocious crime>
)];

2.      The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger;

AND

3.      The defendant used no more force than was reasonably necessary to defend against that danger.

Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of great bodily injury to (himself/herself/ [or] someone else). Defendant’s belief must have been reasonable and (he/she) must have acted only because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the [attempted] killing was not justified.

When deciding whether the defendant’s beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant’s beliefs were reasonable, the danger does not need to have actually existed.  

 

 




New January 2006

 

 

 

227.

CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 227
CALCRIM No.
505. Justifiable Homicide: Self-Defense or Defense of Another Page 228
CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 229
CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 230
CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 231
CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 232
CALCRIM No. 505. Justifiable Homicide: Self-Defense or Defense of Another Page 233

 

(Pub 1284)

 

Copyright 2008 Judicial Council of California. 

 

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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
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 


 

     

 
  

   

 

 



 

       
 

 


Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site 
User's Guide Official Site

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