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
The following excerpt is from People v. Angel G., E071386 (Cal. App. 2020):
"CALCRIM No. 3471 charges a jury to make a preliminary determination of whether the defendant had the right to use force to defend himself when the defendant and the victim engaged in mutual combat, or when the defendant was the initial aggressor." (People v. Johnson (2009) 180 Cal.App.4th 702, 711.) CALCRIM No. 3471
Page 28
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim? (California, United States of America)
What is the test for a jury to determine whether a defendant has a right to use excessive force in self-defense? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (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 proper test for determining whether there was excessive force or excessive force used by the police to force a person to submit to the use of an emetic? (California, United States of America)
What is the test for a probationary to determine whether a defendant has a right to exercise his constitutional right to a reduced sentence? (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 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 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 determining whether a defendant is competent to commit acts of murder, forced oral copulation and rape? (California, United States of America)
