What is the test for a jury to determine if a defendant is relying on a defense of self-defense?

California, United States of America


The following excerpt is from People v. Hansen, B283928 (Cal. App. 2019):

appears . . . the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citation.]" (Ibid.) On appeal of the denial of a jury instruction, we review the record de novo to determine whether it contains substantial evidence to warrant the rejected instruction. (People v. Manriquez (2005) 37 Cal.4th 547, 581.)

Homicide and attempted homicide are justified when they are committed in lawful self-defense. (People v. Elmore (2014) 59 Cal.4th 121, 133-134; 197, 198.) To find that a defendant acted in lawful self-defense, the defendant must reasonably believe that he or she is in imminent danger of being killed or suffering great bodily injury; he or she must reasonably believe that the immediate use of deadly force was necessary to defend against that danger; and he or she must use no more force than was reasonably necessary to defend against that danger. (CALCRIM No. 505.) If the defendant used more force than was reasonable, the killing or attempted killing was not justified. (CALCRIM No. 505.)

Other Questions


Can a defendant rely on a 'defendant is relying on such a defense?' (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant killed himself in justifiable self-defense? (California, United States of America)
Does a defendant have to contact defense experts to determine that blood and fingerprint evidence was damning without consulting them? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to assist his defense? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
Can a defendant rely on a defense of alibi that includes the names and addresses of his alibi witnesses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.