Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim?
California, United States of America
The following excerpt is from People v. Angel G., E071386 (Cal. App. 2020):
"CALCRIM No. 3471 charges a jury to make a preliminary determination of whether the defendant had the right to use force to defend himself when the defendant and the victim engaged in mutual combat, or when the defendant was the initial aggressor." (People v. Johnson (2009) 180 Cal.App.4th 702, 711.) CALCRIM No. 3471
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