What is the test for a defendant to be found guilty of a charge of second-degree murder for using excessive force in a shooting?
California, United States of America
The following excerpt is from The People v. Reyes, E047521, No. RIF1234419 (Cal. App. 2010):
... Defendant's belief must have been reasonable and he must have acted only because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the... killing was not justified...." (CALCRIM No. 505; see also People v. Romero, supra, 69 Cal.App.4th at p. 853.)
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