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California Criminal Jury Instructions
Volume 1
Series 500

 HOMICIDE
B. JUSTIFICATIONS AND EXCUSES


 

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California Criminal Jury Instructions
Volume I
Series 500 HOMICIDE

B. JUSTIFICATIONS AND EXCUSES

CALCRIM No. 506

506. Justifiable Homicide: Defending Against Harm to
Person Within Home or on Property


 



The defendant is not guilty of (murder/ [or] manslaughter/attempted murder/ [or] attempted voluntary manslaughter) if (he/she) (killed/attempted to kill) to defend (himself/herself) [or any other person] in the defendant’s home. Such (a/an) [attempted] killing is justified, and therefore not unlawful, if:

 

1.      The defendant reasonably believed that (he/she) was defending a home against     <insert name of
decedent>
, who (intended to or tried to

commit _____________ <insert forcible and atrocious crime>/

[or] violently[[,] [or] riotously[,]/ [or] tumultuously] tried to enter that home intending to commit an act of violence against someone inside);

2.      The defendant reasonably believed that the danger was imminent;

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

AND

4.      The defendant used no more force than was reasonably necessary to defend against the 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 violence 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, then 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

 

234.

 

CALCRIM No. 506. Justifiable Homicide: Defending Against Harm to Person Within Home or on Property Page 234
CALCRIM No. 506. Justifiable Homicide: Defending Against Harm to Person Within Home or on Property Page 235
CALCRIM No. 506. Justifiable Homicide: Defending Against Harm to Person Within Home or on Property Page 236

 

(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 
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