How has section 198 of the California Criminal Code been interpreted in the context of self-defense?

California, United States of America


The following excerpt is from People v. Wildman, 2d Crim. No. B254560 (Cal. App. 2015):

Like other courts considering the issue, we reject appellant's interpretation of section 198. Section 198 requires that a person who kills in self-defense do so because that person reasonably believes himself or herself to be in imminent danger of death or great bodily injury. (See, e.g., People v. Flannel (1979) 25 Cal3d 668, 675.) "The party killing is not precluded from feeling anger or other emotions save and except fear;

Page 15

however, those other emotions cannot be causal factors in his decision to use deadly force. If they are, the homicide cannot be justified on a theory of self-defense. But if the only causation of the killing was the reasonable fear that there was imminent danger of death or great bodily injury, then the use of deadly force in self-defense is proper, regardless of what other emotions the party who kills may have been feeling but not acting upon." (People v. Trevino (1988) 200 Cal.App.3d 874, 879; see also People v. Shade (1986) 185 Cal.App.3d 711, 716.)

Other Questions


How have sections 424, subdivision 1 and 425 of the California Criminal Code been interpreted in the context of Section 424(1) of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of assault and criminal threat charges? (California, United States of America)
How has Section 654 of the California Penal Code been interpreted and interpreted in the context of a criminal case? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.