California Criminal Jury Instructions (CALCRIM 2023) CA 3403. Necessity The defendant is not guilty of ______________ <insert crime[s]> if (he/she) acted because of legal necessity. In order to establish this defense, the defendant must prove that: (He/She) acted in an emergency to prevent a significant bodily harm or evil to (himself/herself/ [or] someone else); (He/She) […]
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NOTE: Dated, use instead South Carolina Requests to Charge – Criminal, 2nd Edition South Carolina Criminal Jury Charges SC Chapter 8 – defenses. Defense of others Under the law of self-defense, the defendant may take another’s life in the defense of others. The right to intervene to protect another person is subject to the same
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Georgia Suggested Pattern Jury Instructions, Criminal Cases AFFIRMATIVE DEFENSES § 3.10.13 No Duty to Retreat A person who is not the aggressor is not required to retreat before being justified in using force he/she reasonably believes to be necessary. [230606]
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California Criminal Jury Instructions (CALCRIM 2023) CA 3476. Right to Defend Real or Personal Property The owner [or possessor] of (real/ [or] personal) property may use reasonable force to protect that property from imminent harm. [A person may also use reasonable force to protect the property of a (family member/guest/master/servant/ward) from immediate harm.] Reasonable force
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California Criminal Jury Instructions (CALCRIM 2023) CA 3477. Presumption That Resident Was Reasonably Afraid of Death or Great Bodily Injury [PC §198.5] The law presumes that the defendant reasonably feared imminent death or great bodily injury to (himself/herself)[, or to a member of (his/her) family or household,] if: 1. An intruder unlawfully and forcibly (entered/
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California Criminal Jury Instructions (CALCRIM 2023) CA 3475. Right to Eject Trespasser From Real Property The (owner/lawful occupant) of a (home/property) may request that a trespasser leave the (home/property). If the trespasser does not leave within a reasonable time and it would appear to a reasonable person that the trespasser poses a threat to (the
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California Criminal Jury Instructions (CALCRIM 2023) CA 3474. Danger No Longer Exists or Attacker Disabled The right to use force in (self-defense/ [or] defense of another) continues only as long as the danger exists or reasonably appears to exist. [When the attacker (withdraws/ [or] no longer appears capable of inflicting any injury), then the right
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California Criminal Jury Instructions (CALCRIM 2023) CA 3472. Right to Self-Defense: May Not Be Contrived A person does not have the right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force. [However, if the defendant used only non-deadly force, and the opponent responded
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California Criminal Jury Instructions (CALCRIM 2023) CA 3470. Right to Self-Defense or Defense of Another (Non-Homicide) Self-defense is a defense to ___________ <insert list of pertinent crimes charged>. The defendant is not guilty of (that/those crime[s]) if (he/she) used force against the other person in lawful (self-defense/ [or] defense of another). The defendant acted in
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California Criminal Jury Instructions (CALCRIM 2023) 3471 Right to Self-Defense: Mutual Combat or Initial Aggressor A person who (engages in mutual combat/ [or who] starts a fight) has a right to self-defense only if: 1. (He/She) actually and in good faith tried to stop fighting; [AND] 2. (He/She) indicated, by word or by conduct, to (his/her)
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