CA 508. Justifiable Homicide: Citizen Arrest (Non-Peace Officer)

State: Jury Instruction Number:

California Criminal Jury Instructions (CALCRIM 2017) 

CA 508. Justifiable Homicide: Citizen Arrest (Non-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 trying to arrest him or her for a violent felony. Such (a/an) [attempted] killing is justified, and therefore not unlawful, if:

1. The defendant committed the [attempted] killing while lawfully trying to arrest or detain <insert name of decedent> for committing (the crime of
<insert forcible and atrocious crime, i.e., felony that threatened death or great bodily injury>/
<insert crime decedent was suspected of committing, e.g., burglary>, and that crime threatened the defendant or others with death or great bodily injury);

2. <insert name of decedent> actually committed (the crime of <insert forcible and atrocious crime, i.e., felony that threatened death or great bodily injury>/ <insert crime decedent was suspected of committing, e.g., burglary>, and that crime threatened the defendant or others with death or great bodily injury);

  1. The defendant had reason to believe that <insert name of decedent> had committed (the crime of
<insert forcible and atrocious crime, i.e., felony that threatened death or great bodily injury>/ <insert crime decedent was suspected of committing, e.g., burglary>, and that crime threatened the defendant or others with death or great bodily injury);

[4. The defendant had reason to believe that <insert name of decedent> posed a threat of death or great bodily injury, either to the defendant or to others];

AND

  1. The [attempted] killing was necessary to prevent ’s <insert name of decedent> escape.

A person has reason to believe that someone [poses a threat of death or great bodily injury or] committed (the crime of <insert forcible and atrocious crime, i.e., felony that threatened death or great bodily injury> / <insert crime decedent was suspected of committing, e.g., burglary>, and that crime threatened the defendant or others with death or great bodily injury) when facts known to the person would persuade someone of reasonable caution to have (that/ those) belief[s].

Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.

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