What is the test for a jury to determine whether a defendant killed himself in justifiable self-defense?

California, United States of America


The following excerpt is from People v. Williams, 174 Cal.Rptr. 317, 29 Cal.3d 392, 628 P.2d 869 (Cal. 1981):

The court was apparently aware when it denied counsel's motion that the outcome of the case was likely to turn on whether the jury found that defendant killed in justifiable self-defense. A juror who firmly believed that all passive means of self-defense should be utilized before employing deadly force would find it difficult to judge defendant's conduct objectively under our law. A statement of general willingness to apply unspecified self-defense principles is not a sufficient guarantee of impartial application of a rule so important to the case and so likely to encounter opposition. As noted above, "Careful counsel would exercise a peremptory challenge if a juror replied that he could accept (a) proposition of law on an intellectual level but that it troubled him viscerally ...." (United States v. Blount, supra, 479 F.2d 650 at p. 651.)

Other Questions


What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (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 determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (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 search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for a jury to determine whether a defendant who intentionally commits an intentional unlawful killing without malice is guilty of voluntary manslaughter? (California, United States of America)
What is the test for determining whether a defendant had a motive to kill the victim? (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)
What is the test for determining whether a defendant possessed the requisite intent to kill? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.