California Crimonal Jury Instructions-CALCRIM

CaliforniaJuryInstructions.Net

BankruptcyCode.US

California

United States Law.US

Criminal Jury Instructions Volume I

US Government

CALCRIM Series 600 HOMICIDE

US Tax Center

California Criminal Jury Instructions
CALCRIM
Volume I

Series 500 HOMICIDE

I. IMPAIRMENT DEFENSE

CALCRIM 627.

627. Hallucination: Effect on Premeditation

A hallucination is a perception not based on objective reality. In other words, a person has a hallucination when that person believes that he or she is seeing or hearing [or otherwise perceiving] something that is not actually present or happening.

You may consider evidence of hallucinations, if any, in deciding whether the defendant acted with deliberation and premeditation.

The People have the burden of proving beyond a reasonable doubt that the defendant acted with deliberation and premeditation. If the People have not met this burden, you must find the defendant not guilty of first degree murder.

New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give defense instructions supported by substantial evidence and not inconsistent with the defendant’s theory of the case. (See People v. Baker (1999) 74 Cal.App.4th 243, 252 [87 Cal.Rptr.2d 803]; People v. Barton (1995) 12 Cal.4th 186, 195 [47 Cal.Rptr.2d 569, 906 P.2d 531].)

“[E]vidence of a hallucination—a perception with no objective reality—is inadmissible to negate malice so as to mitigate murder to voluntary manslaughter but is admissible to negate deliberation and premeditation so as to reduce first degree murder to second degree murder.” (People v. Padilla (2002) 103 Cal.App.4th 675, 677 [126 Cal.Rptr.2d 889].)

AUTHORITY

· Hallucination Evidence. People v. Padilla (2002) 103 Cal.App.4th 675, 677 [126 Cal.Rptr.2d 889].

· Hallucination Alone Not a Basis for Imperfect Self-Defense. People v. Mejia-Lenares (2006) 135 Cal.App.4th 1437].

Secondary Sources

3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73, Defenses and Justifications, § 73.03 (Matthew Bender).

425.

CALCRIM 627. Hallucination: Effect on Premeditation Page 425
CALCRIM 627. Hallucination: Effect on Premeditation Page 426

(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

A Legal and Business Portal