What is the current state of the law on self-defense and defense of another in this Circuit?

We have found no opinion expressly approving or disapproving this model instruction. As a general matter, however, a district court need not accept the precise words proposed by an accused, United States v. Lopez-Alvarez, 970 F.2d 583, 597 (9th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 504, 121 L.Ed.2d 440 (1992), so long as the instructions the court does give "adequately cover the defense theory." United States v. Taren-Palma, 997 F.2d 525, 535 (9th Cir.1993) (per curiam), cert. denied, --- U.S. ----, 114 S.Ct. 1648, 128 L.Ed.2d 368 (1994); see also United States v. Marsh, 26 F.3d 1496, 1502 (9th Cir.1994) ("Although a district court has substantial latitude to tailor jury instructions, the instructions must fairly and adequately embody the relevant law regarding the issues presented."). The model instruction accurately states the elements of self-defense and defense of another in this Circuit. Cf. United States v. Span, 970 F.2d 573, 576 n. 2 (9th Cir.1992) (noting without expressly approving model instruction 6.05); United States v. Doubleday, 804 F.2d 1091, 1095 (9th Cir.1986) (per curiam) (quoting without expressly approving an earlier version of model instruction 6.05).

Furthermore, a district court may "refuse an instruction if its language gives undue emphasis to defendant's version of the facts ... or if it would tend to influence the jury toward accepting the defendant's version of the facts." United States v. Goland, 959 F.2d 1449, 1453 (9th Cir.1992) (quoting United States v. Davis, 597 F.2d 1237, 1240 (9th Cir.1979)), cert. denied, --- U.S. ----, 113 S.Ct. 1384, 122 L.Ed.2d 759 (1993). Here, the district court could reasonably have concluded that the proposed instruction might "influence the jury toward accepting the defendant's version of the facts." Point five, for example, could be read to draw undue attention to the notion that the defendant's belief may be reasonable even though mistaken.