California Criminal Jury Instructions (CALCRIM 2023) 

CA 507. Justifiable Homicide: By Public Officer

507. Justifiable Homicide: By Peace Officer
The defendant is not guilty of (murder/ [or] manslaughter/attempted murder/ [or] attempted voluntary manslaughter) if (he/she) (killed/attempted to kill) someone while (acting as a peace officer/obeying a peace officer’s command for aid and assistance). (A/An) [attempted] killing is justified, and therefore not unlawful, if:

1. The defendant was (a peace officer/obeying a peace officer’s command for aid and assistance);

AND

2.

The [attempted] killing was committed while the defendant either:

A. Reasonably believed, based on the totality of the circumstances, that the force was necessary to defend against an imminent threat of death or serious bodily injury to the defendant or another person;

OR

B. Reasonably believed, based on the totality of the circumstances, that:

B1. ________________ was fleeing;

B2. The force was necessary to arrest or detain ______________ for the crime of ________________ ;

B3. The commission of the crime of ________________ created a risk of or resulted in death or serious bodily injury to another person;

AND

B4. would cause death or serious bodily injury to another person unless immediately arrested or detained.

[A serious bodily injury means a serious impairment of physical condition. Such an injury may include[, but is not limited to]: (loss of consciousness/ concussion/ bone fracture/ protracted loss or impairment of function of any bodily member or organ/ a wound requiring extensive suturing/ [and] serious disfigurement).]

[A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or to another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.]

[Totality of the circumstances means all facts known to the defendant at the time, including the conduct of the defendant and _______________ leading up to the use of deadly force.]

[Deadly force means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, the discharge of a firearm.]

[A peace officer who makes or attempts to make an arrest need not retreat or stop because the person being arrested is resisting or threatening to resist.
A peace officer does not lose (his/her) right to self- defense by using objectively reasonable force to arrest or to prevent escape or to overcome resistance.]

[A person who is employed as a police officer by ___________________ is a peace officer.]

[A person employed by ______________________ is a peace officer if _________________ .]

The People have the burden of proving beyond a reasonable doubt that the [attempted] killing was not justified. If the People have not met this burden, you must find the defendant not guilty of [attempted] (murder/ [or] manslaughter).

New January 2006; Revised April 2011, February 2012, August 2012, April 2020, September 2022

 

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